Thursday, March 29, 2018

Challenge to NYS Tenure Survives a Motion to Dismiss

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In  Davids v. State , ____A.D. 3d____ (1st Dep't. March 28, 2018), Plaintiffs in this consolidated appeal brought an action claiming th...
Tuesday, February 27, 2018

2d Circuit Issues Major En Banc Decision Holding Sexual Orientation Protected Under Title VII

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Zarda v. Altitude Express, Inc ., ___F.3d___(2d Cir. Feb. 26, 3018) (en banc), is a major decision that is undoubtedly on its way to the U.S...
Tuesday, February 13, 2018

New York Court of Appeals Orders Disclosure of Facebook Information

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The New York Court of Appeals issued a major lengthly decision concerning the disclosure of information on Facebook. Forman v. Henkin , ___...
Tuesday, January 9, 2018

Court of Appeals Issues Major 3020-a Decision

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On January 9, 2017, the Court of Appeals issued a 14 page decision addressing the standard of review to be applied in Education Law Section ...
Monday, November 27, 2017

2d Department Decision Illustrates More Favorable State Discrimination Standards

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Kassapian v. City of New York , ____A.D.3d____(2d Dep't. Nov. 15, 2017), is brought to your attention for several reasons. The case co...
Friday, November 17, 2017

Whistleblower States A Claim Under New York Law

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Demir v. Sandoz, Inc. ____A.D, 3d___(1st Dep't. Nov. 14, 2017), is an interesting decision for several reasons. First, the Appellate Di...
Tuesday, November 7, 2017

Interesting 2d Circuit School District ADEA Decision

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PFIZENMAYER v. HICKSVILLE PUBLIC SCHOOLS, ____F.3d____(2d Cir. Nov. 2, 2017), is an interesting decision. The court grants the school distri...
Tuesday, October 17, 2017

Mistaken Perception of Alcoholism Is Not Protected Under The NYC Human Rights Law

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Makinen v. City of New York , ___N.Y.3d___(Oct. 17, 2017), is an interesting case to be aware of. The case addressed a certified question fr...
Thursday, October 12, 2017

Duty of Fair Representation Does Not Preempt NYS Human Rights Law

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Figueroa v. Foster, ____F.3d____(2d Cir. July 17, 2017), is an interesting decision. The Duty of Fair Representation outlaws unions actions...
Tuesday, September 26, 2017

Teacher who Reported That Another Teacher Improperly Coached Students is not Protected Under First Amendment

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Cohen v. NYC Department of Education , ____Fed. Appx.____(2d Cir. Sept. 20, 2017), demonstrates just how narrow the protection are for publi...