The Supreme Court is going to decide whether sex discrimination victims may sue schools and universities under Title IX, which prohibits sex discrimination in federally-funded educational institutions. This case will resolve a split in the lower federal circuits, many of
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.
Latest from Wait A Second! - Page 2
Wage-and-hour verdict is upheld on appeal
This wage-and-hour case went to trial in the Eastern District of New York. At the non-jury trial, the judge ruled for the plaintiff, holding that she was denied overtime pay, awarding damages in the amount of approximately $23,000 and about…
Racial stereotypes prompt First Department to reinstate lawsuit
The First Department has reinstated a racial discrimination lawsuit against the City of New York and a police department supervisor based on explicit and implicit racial comments made by the supervisor in the context of the plaintiff’s employment.The case is…
Guns in public spaces, yes. Guns in public parks, no.
New York enacted a comprehensive gun control law in 2022, the same year the Supreme Court issued the Bruen ruling that made it much more difficult for the states to regulate guns, holding that any current gun regulations must have…
Abuse of process verdict is overturned post-trial
This false arrest case went to trial in the Eastern District of New York. The plaintiff also asserted an abuse-of-process claim against the police. The case arose when plaintiff was arrested for trespass even thopugh he believed he had a…
Habeas petition denied where man shot and killed daughter's boyfriend
The plaintiff in this case challenges his criminal conviction on the ground that the state trial court did not properly apply the law governing when you are justified in causing someone’s death. This case has a long road behind it,…
Collective action against bakery is scaled back on jurisdictional grounds
This is a wage-and-hour claim in which the plaintiffs — who distribute baked goods — assert their employer denied proper overtime pay in violation of the Fair Labor Standards Act. The issue is whether the trial court had authority to…
Landlord's challenge to property rights verdict fails
This case went to trial in the Southern District of New York over a landlord’s claim that the town’s law limiting the number of properties a residential landlord can own violated the Constitution. The jury ruled against the plaintiff-landlord, and…
2d Circuit holds firm on Jean Carroll's sexual assault and defamation verdict against Trump
The sexual assault case that E. Jean Carroll brought against Donald Trump is still the subject of court activity, long after the jury found in Carroll’s civil suit that Trump had assaulted her in a department store dressing room. But…
Fox News wins sexual harassment appeal
This lawsuit against Fox News alleges that a Fox News personality, Ed Henry, raped and sexually harassed the plaintiff, who worked there. The district court dismissed the case, and the Court of Appeals affirms.The case is Eckhart v. Fox News…