False arrest cases are often dismissed prior to trial because the police are able to prove they had probable cause to arrest the plaintiff. Even if the charges against the plaintiff are ultimately dismissed and the criminal process reaches that
Bergstein & Ullrich
Bergstein & Ullrich is a legal publisher that provides detailed analyses of recent court decisions and legal developments, primarily focusing on employment law, discrimination, labor law, and civil rights issues. Their content often covers appellate court rulings, statutory interpretations, and procedural aspects of cases involving workplace discrimination, family and medical leave, religious employment exceptions, and public authority liability. The publisher offers in-depth case summaries and legal reasoning that are useful for lawyers, legal scholars, and professionals interested in employment litigation and related legal principles.
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Latest from Bergstein & Ullrich - Page 10
District court abused its discretion in resolving summary judgment motion under Rule 12 standard
The Court of Appeals has reinstated an employment discrimination lawsuit because, although the defendants moved for summary judgment under Rule 56, the trial court instead dismissed the case under the rules guiding a motion to dismiss under Rule 12. The case…
Supreme Court rules for religious parents in public school gender-transitioning case
Without hearing oral argument, the Supreme Court has ruled that religious parents in California are likely to win their case challenging a state law that bars public schools from telling them about their childrens’ efforts to engage in gender transitioning…
Esoteric statute of limitations issue under the Federal Tort Claims Act
This personal injury case arises from a workplace accident at Long Island MacArthur Airport in 2021 that injured the plaintiff, who sues under the Federal Tort Claims Act. Plaintiff sued in state court, but the government removed the case to…
"Ghost guns" case returns to trial court to decide whether New York can regulate them
The State of New York has sued certain gun manufacturers for selling materials that allow you to make “ghost guns,” defined as homemade guns that lack serial numbers and are therefore untraceable. That led to a series of motion practice…
Court of Appeals sidesteps separation-of-powers arguments relating to the NLRB and other federal agencies
Here is a case for the modern age: the National Labor Relations Board proceeded against certain health care facilities, claiming they were denying the labor rights of their employees. But the employers mounted a significant defense: in today’s political climate,…
New York Court of Appeals finds search may have violated Fourth Amendment
The rules under the Fourth Amendment’s prohibition against unreasonable searches and seizure are so complex and nuanced that only lawyers and judges understand them and, even then, judges sometimes do not understand them, which is why God created the New…
No disparate impact liability against third-party criminal screening company servicing apartment building
This Fair Housing Act case alleges that a third-party vendor that screens the criminal records of applicants who want to live in residential apartments is liable for disparate impact against Hispanic residents. The trial court, following a lengthy trial, ruled…
What the Supreme Court did in the tariffs case
The Supreme Court has struck down the far-reaching tariffs imposed by the Trump administration, finding that the statute invoked by Trump does not authorize them, and that ruling otherwise would allow the Executive Branch (the Presidency) to take on the…
Title VII retaliation fails on summary judgment
This case arises from the plaintiff’s prior settlement agreement with the City University of New York, which stated that she would remain in her faculty position for two years, during which time she would work toward her reappointment or tenure,…