161 results for 'court:"USDC Western District of New York"'.
J. Geraci Jr. allows the complaint to proceed, alleging the university wrongfully threatened legal action after the transplant surgeon resigned following disciplinary proceedings into another employee and had him fired from his new position. The surgeon had issued a written statement regarding the other employee that had involved "matters of public concern" due to potential violations of standards of care, which plausibly points to retaliation.
Court: USDC Western District of New York, Judge: Geraci Jr. , Filed On: August 7, 2023, Case #: 6:22cv6002, NOS: Other Civil Rights - Civil Rights, Categories: Employment
J. Schroeder Jr. orders the company, which allegedly subjected 25 Black employees to racial and national origin discrimination, to provide employee time sheets from 2011 and tax records. Statements and notes of interviews with non-parties are protected as work product, but the company's tax records are related to its financial circumstances for potential damages. Further, the use of the time sheets during deposition demonstrates their relevance to the proceedings.
Court: USDC Western District of New York, Judge: Schroeder Jr. , Filed On: August 4, 2023, Case #: 1:16cv691, NOS: Employment - Civil Rights, Categories: Employment
J. Skretny rules partially in favor of the company, which allegedly fired the transgender employee after she urinated in a rail yard even though non-transgender employees were not similarly disciplined. The employee has not shown that her gender dysphoria qualifies as a disability because she has not shown that emotional distress limits her functioning, but the proximity of a restroom on the day when the employee urinated outside is a question of fact.
Court: USDC Western District of New York, Judge: Skretny , Filed On: August 1, 2023, Case #: 1:20cv184, NOS: Employment - Civil Rights, Categories: Employment
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J. Skretny finds for the city in claims contending action had not been taken after a senior services aide filed a report upon finding a box containing her initials and a racial slur upon it, and after a male client committed sexual assault. She also contends she had been denied opportunities to receive overtime and that pay statements had been delayed. The aide did not establish the existence of a hostile work environment since she reported only a single racial incident, and the client had been barred from the senior center following the assault.
Court: USDC Western District of New York, Judge: Skretny , Filed On: July 27, 2023, Case #: 1:19cv1536, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Skretny allows plaintiff to continue claims contending a company demoted an employee due to her sex, age, and Kenyan origin because while the employee abandoned certain claims, she also alleged younger employees had been promoted based on different criteria or due to their being male.
Court: USDC Western District of New York, Judge: Skretny , Filed On: July 19, 2023, Case #: 1:22cv721, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Siragusa dismisses claims contending a supervisor retaliated against an employee and failed to promote her after she rebuffed his sexual advances. The employee did not file a contemporaneous complaint of sexual harassment, and thus her complaints did not constitute protected activity. Meanwhile, the incident appears to have been isolated, and the complaint failed to detail several key allegations. Factual allegations did not establish the employee was treated differently than male colleagues.
Court: USDC Western District of New York, Judge: Siragusa , Filed On: July 11, 2023, Case #: 6:21cv6312, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Retaliation
J. Geraci allows plaintiff to continue certain class claims contending a warehouse company failed to pay overtime because the employee established he worked more than 40 hours per week and that non-discretionary bonuses had not been calculated into overtime. Meanwhile, the employee was a manual laborer owed a weekly wage in light of the fact that he engaged in lifting and carrying equipment and freight.
Court: USDC Western District of New York, Judge: Geraci , Filed On: July 11, 2023, Case #: 6:22cv6415, NOS: Fair Labor Standards Act - Labor, Categories: Employment
J. Roemer dismisses claims contending the board of elections and officials wrongfully required candidates who sought to appear on general election ballots to file petitions 23 weeks before the election. The petition deadline does not constitute an undue burden for independent candidates, who are not entitled to learn the identities of major party nominees before declaring their own candidacies, and the deadline is intended to help ensure the integrity of the electoral process.
Court: USDC Western District of New York, Judge: Roemer , Filed On: July 11, 2023, Case #: 1:21cv982, NOS: Voting - Civil Rights, Categories: Elections
J. Sessions allows liability experts for Black & Decker to provide testimony but excludes experts for plaintiff in claims contending a defective miter saw "jumped" during use, causing a 6-inch-deep laceration on plaintiff's forearm. The record does not indicate Black & Decker failed to comply with discovery orders, and one expert's testimony was based on his technical and specialized knowledge of the saw, while another expert was a safety assurance manager for the company. Meanwhile, whether plaintiff had been aware of additional safety clamps, and whether the absence of clamps caused injury, remains unclear.
Court: USDC Western District of New York, Judge: Sessions III, Filed On: July 7, 2023, Case #: 1:18cv486, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts
J. Wolford dismisses claims contending restaurants were wrongfully denied grants under the restaurant revitalization fund during the Covid-19 pandemic because the restaurants were not ahead of others during the priority period, and funding ran out before the lawsuit commenced. Further, the lawsuit does not seek an injunction affecting any future action, and proposed amendments would be futile absent viable damages against the fund administrator.
Court: USDC Western District of New York, Judge: Wolford , Filed On: June 27, 2023, Case #: 6:22cv6337, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Agency
J. Skretny allows a nun who served at a college as professor and archivist to continue claims contending she had been fired due to her religion. However, evidence did not indicate she suffered age discrimination even though the college retained four employees in their 30's since the nun had been fired due to plummeting student enrollment. At the same time, invoking student enrollment as the reason for firing her as an archivist was pretextual.
Court: USDC Western District of New York, Judge: Skretny , Filed On: June 26, 2023, Case #: 1:20cv22, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Vilardo allows plaintiff, a podiatrist who worked for an LLC wholly owned by defendant, to continue claims contending defendant reused single-use medication vials and solicited unearned payments. Plaintiff implicitly admits he did not know whether defendant utilized partially used medication for Medicare or Medicaid payments or inflated federal or state bills, but he established he had been immediately fired after bringing his concerns to federal and state officials.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: June 20, 2023, Case #: 1:20cv505, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: False Claims, Whistleblowers
J. Sinatra rules against the state unified court system in claims contending a court attorney's pay grade and job title were reduced after she had been forced to endure sexual harassment and discrimination perpetrated by judges. Judicial immunity does not apply because the alleged harassment did not arise from cases brought before the judges. However, claims seeking money damages are barred by the eleventh amendment.
Court: USDC Western District of New York, Judge: Sinatra , Filed On: June 16, 2023, Case #: 6:21cv6327, NOS: Employment - Civil Rights, Categories: Employment, Judiciary, Immunity
J. Larimer rules in part for a company accused of reducing cashiers' hours and rescheduling them for complaining that a manager drew sexually explicit pictures of them. The right to sue letter from the equal employment opportunity commission was not conclusively received by a certain date, so the complaint is not time-barred, but evidence does not indicate a second manager took part in any harassment.
Court: USDC Western District of New York, Judge: Larimer , Filed On: June 1, 2023, Case #: 6:23cv6053, NOS: Employment - Civil Rights, Categories: Civil Procedure, Civil Rights, Employment