• Cullen and Dykman LLP Blogs

  • Archives

  • Monthly Archives: October 2013

    Employers: Telling Your Employee to “Hang Up [THEIR] [] Superman Cape” May Result in a Successful Age Discrimination Claim

    In reversing the District Court decision, the Eighth Circuit found that a supervisor’s disparaging comments to an older employee was enough to establish a prima facie case that the employee was terminated because of his age.  In this case, Johnson v. Securitas Security Services USA, Inc. No. 12-2129 (8th Cir. Aug. 26, 2013), 76 year […]

    New York Court of Appeal Rules: Laboratory Suable for False Positive Test Results

    Last Thursday, the New York Court of Appeals ruled in a 4-3 decision that a man may bring a negligence claim against a drug testing company for a false positive drug test. At the time of the disputed test results, Eric Landon (“Landon”) was 42 years old and was ordered[1] to random drug testing as […]

    N.J. Court Rules: Texters Can Be Found Liable for Texting and Driving from Their Living Room—The Implications for E-discovery

    Locals were stunned when a New Jersey Appeals Court held “that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving.” On August 27, 2013 that was the ruling in the case, […]

    Supreme Court Upholds Strict Scrutiny Standard in Affirmative Action

    On June 24, 2013, the Supreme Court in Fisher v. University of Texas reaffirmed that the strict scrutiny standard of review applies when evaluating a university’s affirmative action admissions program. On these grounds, by a 7-1 vote, the Supreme Court, vacated and remanded the Fifth Circuit’s decision affirming that the University of Texas at Austin […]

    Court Announces Stricter Standard of Proof in Retaliation Cases under Title VII

    The Supreme Court has tightened the legal standards for plaintiffs claiming retaliation for employment discrimination complaints in University of Texas Southwestern Medical Center v. Nassar (Docket No. 12–484).  The Court held that a plaintiff must prove that retaliation was not just a motivating factor, but the determinative factor.  This is a much stricter standard of […]

    The Moratorium Continues…

    The environmental review of proposed regulations that, if adopted, would permit high-volume hydraulic fracturing gas drilling (“fracking”) in New York State, has been slow.  New York State Department of Environmental Conservation (“DEC”) issued a Draft Supplemental Generic Environmental Impact Statement (“Draft SGEIS”) evaluating the potential adverse environmental effects of fracking in September 2009.  That Draft […]

    Rule 68 Offer of Judgment: Advantageous for Defendant-Employers

    Under the Federal Rules of Civil Procedure Rule 68 (“Rule”), offers of judgment have become a cost effective way for employers to quickly resolve individual, collective or class actions. For example, in employment cases, the Rule effectively imposes penalties on a plaintiff-employee (1) who rejects a reasonable settlement offer made by a defendant-employer and (2) […]

    Cyber-bullies charged with Distributing Child Pornography in Canada

    In April 2013, Rehtaeh Parsons died after her parents took her off life support following a suicide attempt after months of enduring cyber bullying. The harassment was the result of a photo depicting Parsons allegedly being raped at a party back when she was 15 years old in November of 2011. According to Parsons’ parents, […]