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  • C&D CONSTRUCTION TORT LITIGATION GROUP SECURES SUMMARY JUDGMENT ON PLAINTIFFS’ LABOR LAW 240 CLAIM

    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

    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

    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

    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 […]

    John Sparling Published in “Construction Today”

    John Sparling, head of the firm’s Construction Litigation group, was published in the May 17, 2017 edition of Construction Today. The article, titled “Accident Scene Investigation 101”, appeared as the lead story in the Commercial Section of the May 2017 print issue, and can be accessed here: http://www.construction-today.com/sections/columns/3086-accident-scene-investigation-101. Construction Today is a print and digital publication that provides […]

    University of Chicago Prevails in Discrimination and Retaliation Lawsuit

    A federal jury in Illinois recently returned a verdict in favor of the University of Chicago Medical Center (“UCMC”) in a discrimination and retaliation lawsuit. A former UCMC resident, Dr. Maria Artunduaga (“Artunduaga”), sued the University of Chicago in 2012, claiming she experienced discrimination (hostile work environment) while employed by the UCMC. Artunduaga began her […]

    New York Post Sports Writer Sues Following Post-Tweet Termination

    The New York Post (“the Post”), a daily newspaper known for its tabloid style journalism, recently terminated sports columnist Bart Hubbuch (“Hubbuch”), after he posted a tweet critical of President Donald Trump. Hubbuch has since filed a lawsuit against the Post in New York State Supreme Court, claiming that the Post, in terminating the writer, […]

    Transgender Students Find Success in Pennsylvania Federal Court

    Three transgender high school students in Pittsburgh recently prevailed in federal court in temporarily halting a school district policy requiring the students to use restrooms that do not conform with their gender identities. The Pennsylvania court’s decision comes just a week after the Trump administration announced that it would rescind guidance issued by the Obama […]

    UPS Facing Fair Credit Reporting Act (FCRA) Class Action Lawsuit

    United Parcel Service, Inc. (“UPS”), the world’s largest package delivery company, was recently hit with a proposed class action lawsuit in a federal court in Florida. The lawsuit alleges that the company violated the Fair Credit Reporting Act (“FCRA”) by “using background checks to make employment decisions without providing workers or applicants with the results.” […]

    UVA Administrator Files Gender Discrimination Suit

    A University of Virginia (“UVA”) administrator, Betsy Ackerson (“Ackerson”), recently filed a lawsuit in a Virginia federal court against the UVA Board of Visitors, claiming that the university knowingly paid her less than her male counterparts. Ackerson’s lawsuit alleges violations of four federal laws: the Equal Pay Act, Title IX of the Education Amendments of […]