The Appellate Division, Fourth Department, has sustained a retaliation verdict in favor of a state corrections employee who was disciplined and sent off to work in Siberia after he spoke out on malfeasance at the department.The case is Montgtari v.
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 3
Circuit reaffirms no appeal from the denial of a Rule 59 "weight of the evidence" motion
This disability discrimination case went to trial, but the plaintiff lost and his former employer won. Post-trial, plaintiff filed a motion for a new trial pursuant to Rule 59, arguing that the verdict in defendant’s favor was against the weight…
Excessive force verdict for the police is upheld on appeal
The optimism associated with starting a trial will collapse when the jury returns an unfavorable verdict. When that happens, we think about the appeal, and a new round of optimism kicks in. But it is quite difficult to overturn a…
No malicious prosecution claim where criminal charges were dismissed in a compromise
This police misconduct lawsuit alleges that plaintiff was falsely arrested in a domestic dispute on Thanksgiving Day in 2018. It all happened in Connecticut. The complainant said that plaintiff pushed a houseguest to the floor. When the police showed up,…
Second Circuit sustains FLSA verdict
The Court of Appeals has sustained a bench verdict in favor of FLSA wage-and-hour plaintiffs who claimed their employer denied them proper wages and then retaliated against them after they objected to this illegal treatment.
The case is Vazquez v.
…
What the Supreme Court did in the transgender athletics case
The Supreme Court has ruled that the states may prevent transgender girls from competing with other girls on the soccer, basketball and other teams. This ruling interprets Title IX (the educational discrimination statute) and the Equal Protection Clause of the…
What the Supreme Court did in the birthright citizenship case
The Supreme Court has ruled that the Fourteenth Amendment ensures that everyone born in the United States — even if their parents are not authorized to be in this country — are American citizens. This ruling resolves a contentious political…
National origin discrimination claim fails despite manager's impatience with plaintiff's accent
The Court of Appeals has held that an employee with a strong foreign accent cannot sue for wrongful termination after her supervisor angrily complained that he could not understand her and ultimately terminated her employment.The case is Matthew v. JP…
Threat to impose costs under arbitration clause may be retaliatory
The Appellate Division holds that an employer violates the New York State Human Rights Law when it threatens a discrimination plaintiff that his SDHR charge must be litigated in arbitration and that, if the plaintiff does not pursue that route,…
Supreme Court strikes down another gun regulation
The Supreme Court has issued another Second Amendment ruling, finding that Hawaii cannot enforce a law that prevents gun-owners from entering private property with their guns without the property owner’s express authorization. The case is Wolford v. Lopez, issued on…