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Category : Employment Law

Appellate Court Dismisses Teacher’s Defamation Lawsuit Against School District Because Calling Someone a “Bitch” is an Opinion, Not a Fact


In its November 23, 2016 decision in Pall v. Roosevelt Union Free Sch. District, the Appellate Division, Second Department, affirmed the granting of summary judgment dismissing the plaintiff’s claim for defamation. The order granting summary judgment had been made below by the Supreme Court, Nassau County Justice Michele M. Woodard. Plaintiff, who was employed by the School District as a teacher, alleged that she was... Read more »

Appellate court holds that temporal proximity does not create inference of disability discrimination unless the employer knew about the employee’s disability at the time of firing


In its October 12, 2016 decision in Tibbetts v. Pelham Union Free School District, the Appellate Division, Second Department, affirmed the granting of summary judgment dismissing the plaintiff’s complaint for disability discrimination. The order granting summary judgment had been made below by the Supreme Court, Westchester County Justice Smith. Plaintiff, who was employed by the School District as a probationary teacher, al Read more »

Lawyers Who Resort to Anti-Semitism as a Litigation Tactic: The Insidious Lesson of Otis Carroll


Earlier this year, I had my first encounter with an attorney who openly resorted to anti-Semitism as a litigation tactic.  This occurred in a divorce proceeding that is now pending in a county in upstate New York.  The attorney in question submitted court papers that were laden with epithets that had a decidedly anti-Semitic flavor in an attempt to prejudice my client (who is Jewish) in the eyes of the court. Among other slurs,... Read more »

Federal Court in Brooklyn Denies School District’s Motion to Vacate Age Discrimination Verdict


New York Uncontested Divorce
After a two week trial, a jury in Brooklyn, New York, returned a unanimous verdict in favor of a 47-year-old special education teacher who claimed that the Mattituck-Cutchogue Union Free School District terminated his employment on account of his age.  Last week, District Court Judge Joseph F. Bianco (United States District Court, Eastern District) rejected the School District’s bid to set aside the verdict.  Judge Bianco ruled that the... Read more »

July, 2013 Discrimination Law Update: New York Courts Buck the National Trend with Decisions that Enhance Workplace Protection under NYCHRL


law and discrimination
Although we have just approached the midpoint of 2013, it is already apparent that this year will long be remembered for its paradigm-shifting changes in civil rights law. On the federal level, there has been an alarming rollback of civil rights protections. The U.S. Supreme Court’s curtailment of voting rights has been particularly painful for discrimination lawyers.  On June 25, 2013, the website The Daily Beast characterized the... Read more »