Blog
Wait A Second!
By Bergstein & Ullrich Visit the blog
135 published works
Wait A Second!
Second Circuit clarifies prior ruling on reasonable accommodations in religious discrimination cases
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Court of Appeals has clarified a prior ruling interpreting Title VII's requirement that the plaintiff prove she was denied a reasonable accommodation because of her religion. The clarification does…
Wait A Second!
Plaintiff gets new trial on wrongful conviction fabrication-of-evidence claim
By secondcircuitcivilrightsblogsecondcircuitcivilrig
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.…
Wait A Second!
Lyft not liable under ADA for not providing accessible vehicles to disabled riders
By secondcircuitcivilrightsblogsecondcircuitcivilrig
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…
Wait A Second!
Possible Batson violation may yield a new trial for plaintiff
By secondcircuitcivilrightsblogsecondcircuitcivilrig
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…
Wait A Second!
Second Circuit revives wrongful conviction claims against NYPD Detective and City of Nesw York
By secondcircuitcivilrightsblogsecondcircuitcivilrig
Wait A Second!
Employees barred from wearing certain pins during Starbucks union drive
By secondcircuitcivilrightsblogsecondcircuitcivilrig
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…
Wait A Second!
No free speech claim after school directed teacher to remove gay pride flag from classroom
By secondcircuitcivilrightsblogsecondcircuitcivilrig
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…
Wait A Second!
You have a First Amendment right to videotape the outside of a police building
By secondcircuitcivilrightsblogsecondcircuitcivilrig
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…
Wait A Second!
Church Autonomy doctrine bars priest from bringing defamation claim against former employer
By secondcircuitcivilrightsblogsecondcircuitcivilrig
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…
Wait A Second!
Court of Appeals strikes down SOX whistleblowing claim
By secondcircuitcivilrightsblogsecondcircuitcivilrig
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…