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By Bergstein & Ullrich Visit the blog
134 published works
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Speculation will not get you a trial in a discrimination case
By secondcircuitcivilrightsblogsecondcircuitcivilrig
This plaintiff asserts she was denied commissions while working at a car dealership because she was pregnant. The argument was that her manager was delaying her commissions because she lost…
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Some guidance on authenticating medical records at trial
By secondcircuitcivilrightsblogsecondcircuitcivilrig
What we learn from this case is that evidentiary rulings at trial are difficult to challenge on appeal. The standard of appellate review is “abuse of discretion,” which is deferential…
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Plaintiffs cannot sue Sean Combs anonymously
By secondcircuitcivilrightsblogsecondcircuitcivilrig
These plaintiffs sued Sean "Puffy" Combs, the famous hip-hop artist, claiming various acts of sexual abuse dating to 1991-1997. These claims were facilitated by a recent law in New York…
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Inmate wins sexual abuse appeal against correction officer
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The plaintiff in this case alleges that, while he was a pre-trial detainee in the Connecticut system, a correction officer sexually assaulted him. Plaintiff sues under the Fourteenth Amendment. The…
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Clean up the olive oil spill in aisle 3 before someone brings a lawsuit!
By secondcircuitcivilrightsblogsecondcircuitcivilrig
This case is a routine slip-and-fall claim against Wal-Mart Stores, where someone slipped on milk (or something in the milk aisle) and sued the store because it was on constructive…
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Circuit Court certifies sex-abuse issue to the New York State Court of Appeals
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Me-Too movement led to new laws allowing sex abuse victims to sue their abusers long after the statute of limitations had expired. In New York, the Legislature passed the…
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Protester loses excessive force on qualified immunity grounds
By secondcircuitcivilrightsblogsecondcircuitcivilrig
You may not be aware of this, but the Supreme Court on a regular basis summarily reverses rulings from around the country holding that a jury may find that police…
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How does Muldrow affect discriminatory hostile work environment claims?
By secondcircuitcivilrightsblogsecondcircuitcivilrig
In researching recent legal developments for an upcoming Continuing Legal Education seminar, I have discovered a split among the circuit courts about how to apply the Supreme Court's recent decision…
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Preach it!
By secondcircuitcivilrightsblogsecondcircuitcivilrig
A street preacher sued a city in Mississippi, challenging the ordinance requiring him and other street preachers to limit their speech activities to a designated protest area. After the city…
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Due process, even for convicted sex offenders
By secondcircuitcivilrightsblogsecondcircuitcivilrig
In this due process case, a convicted sex offender charges the state with failing to secure him appropriate housing upon his release from prison. The Court of Appeals finds he…