DISABILITY DISCRIMINATION: Angry refusal to remove hat legitimate business reason (insubordination) to fire cashier, not related to unknown depression/anxiety disorder. . . Spear/HRC/Townsend affirmed. [Read more…]
Race discrimination, Indian teacher, tutor position
RACE DISCRIMINATION claim by Native teacher passed over for tutoring position properly rejected. . . Holien/HRC affirmed. . . Halligan. [Read more…]
Race/housing discrimination, $28,625
RACE/HOUSING DISCRIMINATION: $13,625 economic damages, $10,000 emotional distress, $5,000 civil penalty, discrimination against and eviction of Hispanic tenants by landlord’s agents… default entered against landlord for late appearance at hearing… Caroline Holien. [Read more…]
Disability discrimination, cashier stocking cap
DISABILITY DISCRIMINATION: Discharge of cashier for angry refusal to not wear hat legitimate business reason not related to unknown depression/ anxiety disorder… summary judgment… Spear/HRC. [Read more…]
Race (Native), after-school tutoring position
RACE DISCRIMINATION claim by Native teacher passed over for tutoring position rejected… Caroline Holien. [Read more…]
Wrongful discharge, assistant store manager alcohol
WRONGFUL DISCHARGE: Summary judgment precluded by fact issues as to whether assistant store manager violated policies by drinking with subordinates on business trip, whether purported loss of trust constituted good cause, whether reason was pretextual… Molloy reversed (unpublished). [Read more…]
Defense verdict, wrongful discharge, drug test
VERDICT: Defense, wrongful discharge, meat packager, disputed drug testing compliance. [Read more…]
Marital, parenting plan, absence from mediation
MARITAL: Final parenting plan improperly entered based solely on father’s absence from mediation… Larson reversed. [Read more…]
Insurance, $210,000 stipulated judgment
INSURANCE: Insurer had no duty to indemnify $210,000 sex discrimination stipulated judgment prior to exhaustion of $25,000 retention, but under NY law “exhausted” is ambiguous, construed against insurer to include settlement by compromise… retention was exhausted and insurer’s duty to indemnify was [Read more…]
Malicious prosecution/process abuse/attorney deceit
MALICIOUS PROSECUTION/ABUSE OF PROCESS/ATTORNEY DECEIT: JML properly granted on malicious prosecution of attorney whose client claimed he had been held at MSP 14 months beyond proper release date… seeking to coerce [Read more…]