Here is another fabrication-of-evidence claim that involves law enforcement allegedly cutting corners to ensure a criminal conviction. The case will eventually be decided by a jury. The case is Batista-Reyes v. Paul, issued on August 17, 2.5 years after oral
Wait A Second!
The blog "Wait A Second!" published by Bergstein & Ullrich focuses on detailed analyses of recent court decisions and legal principles primarily in employment law, civil rights, and public sector litigation. It covers topics such as employment discrimination, labor law exceptions like the ministerial exception, Family and Medical Leave Act (FMLA) claims, sexual harassment standards, and indemnification issues for public officials. The blog also discusses appellate court rulings on evidentiary matters, jury instructions, and the impact of Supreme Court decisions on lower court interpretations. It provides insights into how courts interpret statutes and doctrines affecting employees, employers, and public entities.
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Lyft not liable under ADA for not providing accessible vehicles to disabled riders
The Court of Appeals holds that a Lyft passenger cannot win her disability discrimination claim despite claiming that Lyft did not provide her wheelchair-accessible vehicles, also known as WAVs. The case is Lowell v. Lyft, Inc., issued on August 27.…
Possible Batson violation may yield a new trial for plaintiff
A personal injury plaintiff may have a new opportunity to prove his unsuccessful claim on the basis that jury selection in this federal case may have been tainted by a Batson violation.The case is Salters v. New York City Transit…
Second Circuit revives wrongful conviction claims against NYPD Detective and City of Nesw York
Employees barred from wearing certain pins during Starbucks union drive
The Court of Appeals holds that Starbucks may regulate how workers may display their support for a union drive in the workplace, including pins. The t-shirt policy is still an open question.The case is Siren Retail Corporation v. National Labor…
No free speech claim after school directed teacher to remove gay pride flag from classroom
The Court of Appeals has ruled that a school teacher in Suffolk County did not have the First Amendment right to post pride flags and stickers in her classroom, and that the district did not violate the Constitution when it…
You have a First Amendment right to videotape the outside of a police building
The Court of Appeals holds for the first time that you have a First Amendment right to film the exterior of the local police station. But the plaintiff, who was arrested after he resisted police authority when they approached him…
Church Autonomy doctrine bars priest from bringing defamation claim against former employer
The Second Circuit has applied the Church Autonomy doctrine for the first time in holding a jury cannot resolve whether plaintiff, a priest, has a legitimate defamation claim against his former employer. This is a significant decision because the Second…
Court of Appeals strikes down SOX whistleblowing claim
The Court of Appeals has rejected a Sarbanes-Oxley whistleblower retaliation case, holding that the plaintiff did not bring his claim within the 180-day deadline under the statute. The Court also issues a separate holding that the statute of limitations begins…
Plaintiff may challenge her termination under Due Process Clause
This appeal raises a complex issue relating to res judicata. Lawyers know about res judicata; the general public not so much. But this doctrine — which prevents you from bringing the same lawsuit in different courts — is important when…