On Tuesday, September 19, 2017, Governor Cuomo announced the results of the comprehensive review of all higher education institutions across the state to evaluate compliance with Article 129-B of the New York Education Law (also referred to as the “Enough is Enough” law). The Preliminary Report: Statewide Review of Compliance with Education Law Article 129-B, […]
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Blog Title: Cullen and Dykman’s Blogs
New York Appeals Court Bars Woman From Suing West Point After Alleged Rape
September 18, 2017
Recently, the Second Circuit denied a woman the right to sue West Point after she brought claims of sexual misconduct on campus. In 2010, a woman identified as Jane Doe, was allegedly raped by a fellow cadet on the West Point campus. Doe was one of 200 women among 1,300 cadets in her class. She […]
EQUIFAX DATA BREACH COULD IMPACT 143 MILLION CONSUMERS
September 13, 2017
Equifax, one of the nation’s largest consumer credit reporting agencies, recently disclosed that it fell victim to a massive data breach. The company revealed on September 7 that hackers obtained the personal information of up to 143 million consumers during a cyber-attack that occurred from May through July. The information revealed includes consumer’s names, addresses, […]
U.S. Secretary of Education Betsy DeVos Makes Major Announcement on Future of Title IX Policy
September 8, 2017
Yesterday, U.S. Secretary of Education Betsy DeVos delivered a major policy address on Title IX enforcement at George Mason University’s Law School in Arlington, Virginia at an event described as “centered around equal opportunity and equal protection of all.” Background Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that […]
Jury Awards $41.5 Million Verdict for Study Abroad Student in Failure to Warn Case
August 28, 2017
The Connecticut Supreme Court recently upheld a $41.5 million verdict in favor of a high school student who became ill during her school’s study abroad program. The Court’s decision is intended to promote stricter safety standards for study abroad programs. Although this case involved a high school, many higher education groups fear that the outcome […]
Trump Administration to Investigate Affirmative Action in University Admission
August 21, 2017
On August 1, the New York Times reported that the Trump administration will be redirecting Justice Department resources to investigate universities’ affirmative action admission policies. The report was made after the New York Times received a document stating the Department of Justice would be investigating “intentional race-based discrimination in college and university admissions.” The Times’ […]
C&D CONSTRUCTION TORT LITIGATION GROUP SECURES SUMMARY JUDGMENT ON PLAINTIFFS’ LABOR LAW 240 CLAIM
August 3, 2017
On July 21, 2017, Cullen and Dykman LLP secured summary judgment dismissing Labor Law 240 in a complex Labor Law action involving damages claimed to be in excess of $ 4 million. The trial court held that falling from stilts while installing sheetrock could not be a gravity-related claim cognizable under Labor Law 240 since […]
The Second Circuit Reviews New York Methodist Hospital Worker’s FMLA Suit
July 18, 2017
On June 30 2017, the U.S. Court of Appeals for the Second Circuit found that the District Court erred when it held that an employee had not proven a “serious health condition” to qualify for medical leave. The Second Circuit reasoned that the District Court used an interpretation of the regulation that was too narrow. […]
A Single Racist Comment May Establish a Title VII Violation
July 14, 2017
In April 2017, the United States Court of Appeals for the Second Circuit, held that a single racist comment can, when severe enough, establish a discriminatory hostile work environment. Otis Daniel, a 35-year-old African American male, began working for T&M Protection Resources, Inc. in 2010. Daniel worked as a fire safety director for T&M for […]
Third Circuit Court Denies Penn State Football Coaches’ Claim
July 10, 2017
The United States Court of Appeals for the Third Circuit (the “Third Circuit”) recently affirmed the U.S. District Court’s decision to grant Penn State University’s motion to dismiss claims made by two former Penn State football coaches. Coaches Jay Paterno and William Kenney sued Penn State in 2014, claiming they were denied due process of […]