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CASES & PUBLICATIONS

Age Discrimination

McNulty v. New York City Dep’t of Fin., 45 F.Supp.2d 296 (S.D.N.Y 1999) (denying summary judgment where 60-year old Director of Personnel was the oldest of seven employees laid off by City for financial reasons, and the only one of the seven not rehired).

McNulty v. New York City Dept. of Finance

Civil Rights

Stokes v. City of Mount Vernon, N.Y., 11 CV 7675 VB, 2012 WL 3536461 (S.D.N.Y. Aug. 14, 2012). reconsideration granted in part, 11 CV 7675 VB, 2012 WL 6691078 (S.D.N.Y. Dec. 17, 2012), amended by, 2013 WL 1222720 (S.D.N.Y. Mar. 25, 2013), 2015 WL 4710258 (S.D.N.Y Aug, 2015), (permitting procedural and substantive due process claims to proceed in action brought by City’s former Inspector General fired in retaliation for reports criticizing City Comptroller).

Stokes v. City of Mount Vernon, N.Y.

Disability Discrimination

Morse v. JetBlueAirways Corp., __F.Supp.2d __ , 2013 WL 1294629 (E.D.N.Y. 2013) (allowing to go to trial claims of disabled supervisor of flight attendants denied reasonable accommodation to return from leave of absence to work in a modified or different position, and then fired under airline’s policy of automatically terminating anyone on leave for 52 weeks).

Morse v. JetBlue Airways Corp.

Azzopardi v. New Water Street Corp., No. 115108/01 (N.Y. Sup. Ct. Apr. 4, 2007) (denying summary judgment where janitor with mild retardation was subjected to a hostile work environment because of his mental disability).

Azzopardi v. New Water Street Corp.

Weissman v. Dawn Joy Fashions, Inc., 214 F.3d 224 (2d Cir. 2000), vacating and modifying, 7 Am. Disabilities Cas. (BNA) 365 (S.D.N.Y. 1997) (upholding, in substantial part, jury verdict for plaintiff in disability discrimination action).           

Weissman v. Dawn Joy Fashions, Inc.

Hazeldine v. Beverage Media, Ltd., 954 F. Supp. 697 (S.D.N.Y. 1997) (first case within Second Circuit holding that, unlike the ADA, the New York State Human Rights Law’s definition of disability does not require showing of functional restriction).

Hazeldine v. Beverage Media, Ltd.

Abdel-Khalek v. Ernst & Young, LLP, 97 Civ. 4514, 1999 WL 190790 (S.D.N.Y. Apr. 7, 1999) (one of the first federal court cases denying summary judgment in disability association case where employee fired because she had a disabled child).

Abdel-Khalek v. Ernst & Young, LLP

Siracuse v. Program for the Development of Human Potential, 07 CV 2205 CLP, 2012 WL 1624291 (E.D.N.Y. April 30, 2012) (upholding jury verdict for cancer survivor discriminatorily denied promotion) 

Siracuse v. Program for the Development of Human Potential

Family and Medical Leave Act

Roberts v. AIG Global Investment Corp., 2008 WL 4444004, 06 CV 5966 (S.D.N.Y. Sept. 30, 2008) (denying dismissal of FMLA claim where employer fired employee before requested leave could take effect).  

Roberts v. AIG

Prevailing Wages

Bennett v. SimplexGrinnell LP., 2014 WL 910354 (N.D. Cal. 2014) (Granting summary judgment in class action on claims that fire alarm inspectors not paid prevailing wages).

Bennett v. SimplexGrinnell LP.

Ramos v. SimplexGrinnell L.P., 2014 WL 5368782 (N.Y. 2014) (New York Court of Appeals decision that prevailing wages must be paid for fire alarm testing and inspection work, despite Department of Labor decision to not enforce that law for a period of time; on certified question from U.S. Court of Appeals for the Second Circuit.)

Ramos v. SimplexGrinnell

Ramos v. SimplexGrinell LP, 796 F.Supp.2d 346 (E.D.N.Y. 2011) (certifying class of over 500 electrical and sprinkler technicians in state-wide prevailing wage case).

Ramos v. SimplexGrinell LP

Race Discrimination

Gaffney v. Department of Information Technology and Telecommunications, et al., 579 F. Supp.2d 455 (S.D.N.Y. 2008) (motion in limine decision in a race and retaliation action settled at trial).

Gaffney v. Department of Information Technology and Telecommunications, et al

Kim v. Dial Services Int’l, Inc., 159 F.3d 1347 (2d Cir. 1998), cert. denied, 525 U.S. 1140 (1999), aff’g, 1997 WL 458783 (S.D.N.Y. 1997) (upholding jury verdict, remitted from $1.6 million, in race discrimination action).

Kim v. Dial Services International, Inc.

In re Envirosolutions of New York, LLC, 476 B.R. 88 (Bankr. S.D.N.Y. 2012) (denying summary judgement for Virginia-based waste hauling company which discriminated against four black truck drivers).

In re EnviroSolutions of New York, LLC

Sex Discrimination

International Healthcare Exchange, Inc. v. Global Health Care Exchange, LLC, 470 F. Supp.2d 345 (S.D.N.Y. 2007) (in denying summary judgment, finding that a reasonable jury could find that a female executive, who was assigned menial tasks and sexually stereotyped as a girl Friday despite having a law degree and substantial business experience, was discriminated against).

International Healthcare Exchange, Inc. v. Global Health Care Exchange, LLC

Caton v. Shubert Organization, 05 Civ. 3686, 2006 WL 2714707 (S.D.N.Y. Sept. 22, 2006) (denying motion to dismiss sex discrimination claim).

Caton v. Shubert Organization

Brennan v. City of White Plains, 67 F. Supp.2d 362 (S.D.N.Y. 1999) (permitting sex discrimination and retaliation claims to go to trial of long-time administrative assistant to the Cmr. of Public Affairs, who was not considered her for a vacant Deputy Commissioner position, although she was already doing many of its job duties, and then fired when she complained).

Brennan v. City of White Plains

Settecase v. The Port Authority of New York/New Jersey, 13 F. Supp.2d 530 (S.D.N.Y. 1998) (denying summary judgment in§ 1983 case by female with law degree selected for layoff after have been given menial work not commensurate with her background and excluded from meetings attended by male colleagues)

Settecase v. The Port Authority of New York/New Jersey

Sunshine v. Long Island Univ., 862 F. Supp. 26 (E.D.N.Y. 1994) (denying motion to dismiss in sex discrimination and retaliation case where female professor was repeatedly passed over for tenure and fired after she filed a grievance).

Sunshine v. Long Island Univ.

Tse v. UBS Financial Services, Inc., 568 F. Supp.2d 274 (S.D.N.Y. 2008) ($3.5 million verdict in favor of female Financial Advisor; district court upheld jury’s finding of sex discrimination and remitted amount of verdict).

Tse v. UBS Financial Services, Inc.

Callier v. Superior Bldg. Servs., No. 09 CV 4590 ILG JMA, 2011 WL 222458 (Jan. 21, 2011) (maintenance employees awarded damages due to employer’s failure to pay overtime wages).

Callier v. Superior Bldg. Services, Inc.

Sexual Harassment

Traynham v. Gonzalez, U.S. Attorney General, U.S. Dep t of Justice, No. 07 Civ. 436, 2007 WL 7233155 (Jan. 19, 2007) (entering order to show cause followed by Stipulation requiring the Bureau of Prisons to remove the alleged harasser from the victim s work environment).

Traynham v. Gonzalez

Crisonino v. NYC Housing Auth., (S.D.N.Y. 1997) (in sexual assault case, upholding constitutionality of Gender Motivated Violence Act; holding effectively overruled by United States v. Morrison, 539 U.S. 598 (2001).

Crisonino v. New York City Housing Auth.

Governale v. Airborne Express, No. 95 CV 0451, 1997 WL 1948951 (E.D.N.Y. May 6, 1997) (sexual harassment).

Governale v. Airborne Exp., Inc.

Lippold v. Duggal Color Projects, Inc., No. 96 Civ. 5869, 1998 WL 91198 (S.D.N.Y. Aug. 14, 1998) (NYC Board of Education intern can bring Title VII sex harassment claims against City of New York and state common law claim of assault against harasser).

Lippold v. Duggal Color Projects, Inc.

Ferris v. Delta Air Lines, Inc., 277 F.3d 128 (2d Cir. 2001) (in sexual harassment case, holding that hotel room where flight attendant was allegedly raped by co-worker during layover was “work environment” under Title VII).

Ferris v. Delta Air Lines, Inc

Wage and Hour

Andryeyeva v. New York Health Care, 2014 WL 4650233 (Kings Cty. Sup Ct. 2014) (Granting class certification in minimum wage case filed on behalf of home health aides working 24 hour shifts).

Andryeyeva v. New York Health Care

Jemine v. Dennis, 901 F. Supp. 2d 365 (E.D.N.Y. 2012) ($316,000 judgment granted against celebrity baker, Cake Man Raven, for failing to pay overtime and minimum wages to employees).

Jemine v. Dennis

Marin v. JMP Restoration Corp., 09-CV-01384 CBA VVP, 2012 WL 4364671 (E.D.N.Y. Sept. 24, 2012) (judgment granted against contractor for failure to pay overtime and minimum wages to employees).

Marin v. JMP Restoration Corp.

DiFilippo v. Barclays Capital, Inc., 552 F. Supp.2d 417 (S.D.N.Y. 2008) (denying employer’s motion for summary dismissal of overtime claims by group of bank clearance clerks misclassified as exempt).

DiFilippo v. Barclays Capital, Inc.

Cruz v. OneSource Facility Servs., Inc., 03 Civ. 8233, 2005 WL 2923517 (S.D.N.Y. Nov. 4, 2005) (FLSA).

Cruz v. OneSource Facility Services, Inc.

Rivera v. Ndola Pharmacy Corp., 497 F. Supp.2d 381 (E.D.N.Y. 2007) (denying motion for summary judgment where plaintiff alleged employer sexually harassed her and unlawfully denied overtime premium wages).

Rivera v. Ndola Pharmacy Corp.

Kodirov v. Community Home Care Referral Service, Inc. 35 Misc.3d 1221(A), 2012 WL 1605258 (N.Y. Sup. Ct. May 8, 2012) (denying defendants’ motion to dismiss overtime and minimum wage case

brought on behalf of home attendants for overnight work).

Kodirov v. Community Home Care Referral Service, Inc.

Clover v. Shiva Realty of Mulberry, Inc., No. 10 Civ. 1702 (RPP) 2011 WL 1832581 (S.D.N.Y. May 13, 2011) (Beranbaum Menken granted fees for work performed on case where Dunkin Donuts employees not paid overtime wages).

Clover v. Shiva Realty of Mulberry, Inc.

Callier v. Superior Bldg. Servs., No. 09 CV 4590 ILG JMA, 2011 WL 222458 (Jan. 21, 2011) (maintenance employees awarded damages due to employer’s failure to pay overtime wages).

Callier v. Superior Bldg. Services, Inc.

Canales et al. v. 115 Broadway Corp. et al., No. 09 Civ. 4673, 2009 WL 3029333 (S.D.N.Y. Sept. 22, 2009) (allowing FLSA collective action to proceed on behalf of group of deli workers, and ultimately approving hybrid class/collective action settlement)

Canales v. 115 Broadway Corp.

Park v. Seoul Broadcasting System Co., 2008 WL 619034 (S.D.N.Y. March 6, 2008) (allowing overtime claim on behalf of cameraman for Korean news service)

Sipas v. Sammy’s Fishbox, Inc., No. 05 Civ. 10319, 2006 U.S. Dist. LEXIS 24318 (S.D.N.Y. April 24, 2006) (certifying FLSA collective action on behalf of employees who park cars at City Island, N.Y. restaurants).

Sipas v. Sammy’s Fishbox, Inc.

Whistleblowing/False Claims Act

Anderson v. State of New York, 614 F. Supp.2d 404 (S.D.N.Y. 2009) (refusing to dismiss First Amendment claim of NYS court attorney who alleged she was fired for complaining about Disciplinary Committee’s whitewashing of attorney misconduct complaints).

Anderson v. State of New York

United States of America ex rel. Joan Gallagher v. InterMune, Inc., C 04-4323 (N.D. Cal.) (qui tam settlement of $42 million, of which $5.7 million allocated to relator).

United States of America ex rel. Joan Gallagher v. InterMune, Inc.

Joan Gallagher v. InterMune, Inc, No. Civ. A 04-1200, 2005 WL 742434 (E.D.Pa. Mar. 31, 2005) (denying motion to dismiss of plaintiff’s wrongful termination claim under Pennsylvania’s public policy exception to at-will employment doctrine). 

Joan Gallagher v. InterMune, Inc

Roniger v. McCall, 119 F. Supp.2d 407 (S.D.N.Y. 2000); 72 F. Supp.2d 433 (S.D.N.Y. 1999); 22 F. Supp.2d 156 (S.D.N.Y. 1998) (defeating motions to dismiss and summary judgment in First Amendment whistleblower action where employee of NY State’s Office of Comptroller was fired because of his politically embarrassing deposition testimony concerning a letter written by the NYS Comptroller).

Roniger v. McCall

United States of America ex rel. Richard Faden v. Young Adult Institute, Inc., 09 Civ. 5003 (RMB) (May 28, 2009) (qui tam settlement of $18 million, of which $3.4 million allocated to relator).

Criado v. ITT Corp., 61 Fair Empl. Prac. Cas. (BNA) 321, 8 I.E.R. Cases (BNA) 1267 (S.D.N.Y. 1993) (upholding $250,000 jury verdict in whistle-blower action where pilot was discharged for reporting suspicions of unethical and illegal conduct occurring in company’s flight department to Senior Vice President, notwithstanding defendant’s express promise not to do so).        

Marielle A. Moore

Scott Simpson

Grace Cretcher

Jason Rozger

Ramos v. SimplexGrinell LP, 796 F.Supp.2d 346 (E.D.N.Y. 2011) (certifying class of over 500 electrical and sprinkler technicians in state-wide prevailing wage case).

Ramos v. SimplexGrinell LP

Roberts v. AIG Global Investment Corp., 2008 WL 4444004, 06 CV 5966 (S.D.N.Y. Sept. 30, 2008) (denying dismissal of FMLA claim where employer fired employee before requested leave could take effect).  

Roberts v. AIG

Caton v. Shubert Organization, 05 Civ. 3686, 2006 WL 2714707 (S.D.N.Y. Sept. 22, 2006) (denying motion to dismiss sex discrimination claim).

Caton v. Shubert Organization

Kodirov v. Community Home Care Referral Service, Inc. 35 Misc.3d 1221(A), 2012 WL 1605258 (N.Y. Sup. Ct. May 8, 2012) (denying defendants’ motion to dismiss overtime and minimum wage case brought on behalf of home attendants for overnight work).

Kodirov v. Community Home Care Referral Service, Inc.

Bennett v. SimplexGrinnell LP., 2014 WL 910354 (N.D. Cal. 2014) (Granting summary judgment in class action on claims that fire alarm inspectors not paid prevailing wages).

Bennett v. SimplexGrinnell LP.

Park v. Seoul Broadcasting System Co., 2008 WL 619034 (S.D.N.Y. March 6, 2008) (allowing overtime claim on behalf of cameraman for Korean news service)

Ramos v. SimplexGrinnell L.P., 2014 WL 5368782 (N.Y. 2014) (New York Court of Appeals decision that prevailing wages must be paid for fire alarm testing and inspection work, despite Department of Labor decision to not enforce that law for a period of time; on certified question from U.S. Court of Appeals for the Second Circuit.)

Ramos v. SimplexGrinnell

Andryeyeva v. New York Health Care, 2014 WL 4650233 (Kings Cty. Sup Ct. 2014) (Granting class certification in minimum wage case filed on behalf of home health aides working 24 hour shifts).

Andryeyeva v. New York Health Care

Cruz v. OneSource Facility Servs., Inc., 03 Civ. 8233, 2005 WL 2923517 (S.D.N.Y. Nov. 4, 2005) (FLSA).

Cruz v. OneSource Facility Services, Inc.

Bruce E. Menken

Jemine v. Dennis, 901 F. Supp. 2d 365 (E.D.N.Y. 2012) ($316,000 judgment granted against celebrity baker, Cake Man Raven, for failing to pay overtime and minimum wages to employees).

Jemine v. Dennis

McNulty v. New York City Dep’t of Fin., 45 F.Supp.2d 296 (S.D.N.Y 1999) (denying summary judgment where 60-year old Director of Personnel was the oldest of seven employees laid off by City for financial reasons, and the only one of the seven not rehired).

McNulty v. New York City Dept. of Finance

Marin v. JMP Restoration Corp., 09-CV-01384 CBA VVP, 2012 WL 4364671 (E.D.N.Y. Sept. 24, 2012) (judgment granted against contractor for failure to pay overtime and minimum wages to employees).

Marin v. JMP Restoration Corp.

United States of America ex rel. Richard Faden v. Young Adult Institute, Inc., 09 Civ. 5003 (RMB) (May 28, 2009) (qui tam settlement of $18 million, of which $3.4 million allocated to relator).

Clover v. Shiva Realty of Mulberry, Inc., No. 10 Civ. 1702 (RPP) 2011 WL 1832581 (S.D.N.Y. May 13, 2011) (Beranbaum Menken granted fees for work performed on case where Dunkin Donuts employees not paid overtime wages).

Clover v. Shiva Realty of Mulberry, Inc.

Callier v. Superior Bldg. Servs., No. 09 CV 4590 ILG JMA, 2011 WL 222458 (Jan. 21, 2011) (maintenance employees awarded damages due to employer’s failure to pay overtime wages).

Callier v. Superior Bldg. Services, Inc.

Lippold v. Duggal Color Projects, Inc., No. 96 Civ. 5869, 1998 WL 91198 (S.D.N.Y. Aug. 14, 1998) (NYC Board of Education intern can bring Title VII sex harassment claims against City of New York and state common law claim of assault against harasser).

Lippold v. Duggal Color Projects, Inc.

Abdel-Khalek v. Ernst & Young, LLP, 97 Civ. 4514, 1999 WL 190790 (S.D.N.Y. Apr. 7, 1999) (one of the first federal court cases denying summary judgment in disability association case where employee fired because she had a disabled child).

Abdel-Khalek v. Ernst & Young, LLP

Sipas v. Sammy’s Fishbox, Inc., No. 05 Civ. 10319, 2006 U.S. Dist. LEXIS 24318 (S.D.N.Y. April 24, 2006) (certifying FLSA collective action on behalf of employees who park cars at City Island, N.Y. restaurants).

Sipas v. Sammy’s Fishbox, Inc.

Ramos v. SimplexGrinell LP, 796 F.Supp.2d 346 (E.D.N.Y. 2011) (certifying class of over 500 electrical and sprinkler technicians in state-wide prevailing wage case).

Ramos v. SimplexGrinell LP

Bennett v. SimplexGrinnell LP., 2014 WL 910354 (N.D. Cal. 2014) (Granting summary judgment in class action on claims that fire alarm inspectors not paid prevailing wages).

Bennett v. SimplexGrinnell LP.

Ramos v. SimplexGrinnell L.P., 2014 WL 5368782 (N.Y. 2014) (New York Court of Appeals decision that prevailing wages must be paid for fire alarm testing and inspection work, despite Department of Labor decision to not enforce that law for a period of time; on certified question from U.S. Court of Appeals for the Second Circuit.)

Ramos v. SimplexGrinnell

John A. Beranbaum

Estabrook v. Safety and Ecology Corp., 556 Fed. Appx. 152 (3d Cir. Jan. 16, 2014) (reversing district court and finding that female chemist adequately pled claims of sexual harassment, retaliatory harassment and unlawful retaliation).

Estabrook v. Safety and Ecology Corp.

Weissman v. Dawn Joy Fashions, Inc., 214 F.3d 224 (2d Cir. 2000), vacating and modifying, 7 Am. Disabilities Cas. (BNA) 365 (S.D.N.Y. 1997) (upholding, in substantial part, jury verdict for plaintiff in disability discrimination action).           

Weissman v. Dawn Joy Fashions, Inc.

Kim v. Dial Services Int’l, Inc., 159 F.3d 1347 (2d Cir. 1998), cert. denied, 525 U.S. 1140 (1999), aff’g, 1997 WL 458783 (S.D.N.Y. 1997) (upholding jury verdict, remitted from $1.6 million, in race discrimination action).

Kim v. Dial Services International, Inc.

Ferris v. Delta Air Lines, Inc., 277 F.3d 128 (2d Cir. 2001) (in sexual harassment case, holding that hotel room where flight attendant was allegedly raped by co-worker during layover was “work environment” under Title VII).

Ferris v. Delta Air Lines, Inc

Stokes v. City of Mount Vernon, N.Y., 11 CV 7675 VB, 2012 WL 3536461 (S.D.N.Y. Aug. 14, 2012). reconsideration granted in part, 11 CV 7675 VB, 2012 WL 6691078 (S.D.N.Y. Dec. 17, 2012), amended by, 2013 WL 1222720 (S.D.N.Y. Mar. 25, 2013), 2015 WL 4710258 (S.D.N.Y Aug, 2015), (permitting procedural and substantive due process claims to proceed in action brought by City’s former Inspector General fired in retaliation for reports criticizing City Comptroller).

Stokes v. City of Mount Vernon, N.Y.

Morse v. JetBlueAirways Corp., 941F.Supp.2d 274 , (E.D.N.Y. 2013) - (allowing to go to trial claims of disabled supervisor of flight attendants who was denied reasonable accommodation to return from leave of absence to work in a modified or different position, and then fired under airline’s policy of automatically terminating anyone on leave for 52 weeks).

Morse v. JetBlue Airways Corp.

Peerless v. Verizon Communications Inc., No. 11 CV 02139 KBF, 2012 WL 358709 (Aug. 10, 2012) (denying summary judgment where defendant’s failed to provide a reasonable accommodation to a telephone installer leading to his permanent injury).

Peerless v. Verison Communications Inc.

Siracuse v. Program for the Development of Human Potential, 07 CV 2205 CLP, 2012 WL 1624291 (E.D.N.Y. April 30, 2012) (upholding jury verdict for cancer survivor discriminatorily denied promotion) 

Siracuse v. Program for the Development of Human Potential

In re Envirosolutions of New York, LLC, 476 B.R. 88 (Bankr. S.D.N.Y. 2012) (denying summary judgement for Virginia-based waste hauling company which discriminated against four black truck drivers).

In re EnviroSolutions of New York, LLC

DiFilippo v. Barclays Capital, Inc., 552 F. Supp.2d 417 (S.D.N.Y. 2008) (denying employer’s motion for summary dismissal of overtime claims by group of bank clearance clerks misclassified as exempt).

DiFilippo v. Barclays Capital, Inc.

International Healthcare Exchange, Inc. v. Global Health Care Exchange, LLC, 470 F. Supp.2d 345 (S.D.N.Y. 2007) (in denying summary judgment, finding that a reasonable jury could find that a female executive, who was assigned menial tasks and sexually stereotyped as a girl Friday despite having a law degree and substantial business experience, was discriminated against).

International Healthcare Exchange, Inc. v. Global Health Care Exchange, LLC

Traynham v. Gonzalez, U.S. Attorney General, U.S. Dep t of Justice, No. 07 Civ. 436, 2007 WL 7233155 (Jan. 19, 2007) (entering order to show cause followed by Stipulation requiring the Bureau of Prisons to remove the alleged harasser from the victim s work environment).

Traynham v. Gonzalez

Azzopardi v. New Water Street Corp., No. 115108/01 (N.Y. Sup. Ct. Apr. 4, 2007) (denying summary judgment where janitor with mild retardation was subjected to a hostile work environment because of his mental disability).

Azzopardi v. New Water Street Corp.

Anderson v. State of New York, 614 F. Supp.2d 404 (S.D.N.Y. 2009) (refusing to dismiss First Amendment claim of NYS court attorney who alleged she was fired for complaining about Disciplinary Committee’s whitewashing of attorney misconduct complaints).

Anderson v. State of New York

Gaffney v. Department of Information Technology and Telecommunications, et al., 579 F. Supp.2d 455 (S.D.N.Y. 2008) (motion in limine decision in a race and retaliation action settled at trial).

Gaffney v. Department of Information Technology and Telecommunications, et al

Rivera v. Ndola Pharmacy Corp., 497 F. Supp.2d 381 (E.D.N.Y. 2007) (denying motion for summary judgment where plaintiff alleged employer sexually harassed her and unlawfully denied overtime premium wages).

Rivera v. Ndola Pharmacy Corp.

United States of America ex rel. Joan Gallagher v. InterMune, Inc., C 04-4323 (N.D. Cal.) (qui tam settlement of $42 million, of which $5.7 million allocated to relator).

United States of America ex rel. Joan Gallagher v. InterMune, Inc.

Joan Gallagher v. InterMune, Inc, No. Civ. A 04-1200, 2005 WL 742434 (E.D.Pa. Mar. 31, 2005) (denying motion to dismiss of plaintiff’s wrongful termination claim under Pennsylvania’s public policy exception to at-will employment doctrine). 

Joan Gallagher v. InterMune, Inc

Roniger v. McCall, 119 F. Supp.2d 407 (S.D.N.Y. 2000); 72 F. Supp.2d 433 (S.D.N.Y. 1999); 22 F. Supp.2d 156 (S.D.N.Y. 1998) (defeating motions to dismiss and summary judgment in First Amendment whistleblower action where employee of NY State’s Office of Comptroller was fired because of his politically embarrassing deposition testimony concerning a letter written by the NYS Comptroller).

Roniger v. McCall

Brennan v. City of White Plains, 67 F. Supp.2d 362 (S.D.N.Y. 1999) (permitting sex discrimination and retaliation claims to go to trial of long-time administrative assistant to the Cmr. of Public Affairs, who was not considered her for a vacant Deputy Commissioner position, although she was already doing many of its job duties, and then fired when she complained).

Brennan v. City of White Plains

Settecase v. The Port Authority of New York/New Jersey, 13 F. Supp.2d 530 (S.D.N.Y. 1998) (denying summary judgment in§ 1983 case by female with law degree selected for layoff after have been given menial work not commensurate with her background and excluded from meetings attended by male colleagues)

Settecase v. The Port Authority of New York/New Jersey

Crisonino v. NYC Housing Auth., (S.D.N.Y. 1997) (in sexual assault case, upholding constitutionality of Gender Motivated Violence Act; holding effectively overruled by United States v. Morrison, 539 U.S. 598 (2001).

Crisonino v. New York City Housing Auth.

Governale v. Airborne Express, No. 95 CV 0451, 1997 WL 1948951 (E.D.N.Y. May 6, 1997) (sexual harassment).

Governale v. Airborne Exp., Inc.

Hazeldine v. Beverage Media, Ltd., 954 F. Supp. 697 (S.D.N.Y. 1997) (first case within Second Circuit holding that, unlike the ADA, the New York State Human Rights Law’s definition of disability does not require showing of functional restriction).

Hazeldine v. Beverage Media, Ltd.

Sunshine v. Long Island Univ., 862 F. Supp. 26 (E.D.N.Y. 1994) (denying motion to dismiss in sex discrimination and retaliation case where female professor was repeatedly passed over for tenure and fired after she filed a grievance).

Sunshine v. Long Island Univ.

Criado v. ITT Corp., 61 Fair Empl. Prac. Cas. (BNA) 321, 8 I.E.R. Cases (BNA) 1267 (S.D.N.Y. 1993) (upholding $250,000 jury verdict in whistle-blower action where pilot was discharged for reporting suspicions of unethical and illegal conduct occurring in company’s flight department to Senior Vice President, notwithstanding defendant’s express promise not to do so).        

Tse v. UBS Financial Services, Inc., 568 F. Supp.2d 274 (S.D.N.Y. 2008) ($3.5 million verdict in favor of female Financial Advisor; district court upheld jury’s finding of sex discrimination and remitted amount of verdict).

Tse v. UBS Financial Services, Inc.

Grenawalt v. AT&T Mobility LLC, __ Fed. Appx. __, 2016 WL 945048 (2d Cir. 2016) (in overturning district court’s dismissal of FLSA action, finding that a reasonable jury could find AT&T responsible for overtime and minimum wage violations as security guards’ joint employer).

Greenwalt v. AT&T Mobility LLC

PUBLICATIONS

John A. Beranbaum, "John A. Beranbaum, Chapter 3, “Disparate Impact,” Employment Discrimination Law, Fifth Edition, 2015 Cumulative Supplement, by Barbara T. Lindemann, Paul Grossman, and C. Geoffrey Weirich", (2015)

John A. Beranbaum, "Beranbaum, John A., “Advising A Client on Disclosing a Psychiatric Disability to an Employer”, in Practicing Law Institute, Psychological Issues in Employment Law 2016", (December 11, 2015)

Beranbaum, John A., “Advising A Client on Disclosing a Psychiatric Disability to an Employer”, in Practicing Law Institute, Psychological Issues in Employment Law 2016

John A. Beranbaum, "Accommodating Employees with Mental Disabilities", Accommodating Employees with Mental Disabilities (August 25, 2015)

Accommodating Employees with Mental Disabilities

John A. Beranbaum, "Title VIII Update: A Plaintiff Lawyers Perspective", Title VIII Update: A Plaintiff Lawyers Perspective (Jan 2013)

Title VIII Update: A Plaintiff Lawyers Perspective

John A. Beranbaum, "NELA-NY Fall 2014 Conference", NELA/NY Fall 2014 Conference (Sept. 2014)

NELA-NY Fall 2014 Conference

John A. Beranbaum, "Surpreme Court Establishes New Defense to Punitive Damages Claims", Employment Law Strategist (Oct. 1999)

John A. Beranbaum, "A Pilot’s Story: Criado v. ITT", Employment Law Strategist (December 1993)

A Pilot’s Story: Criado v. ITT

John A. Beranbaum, "How To Use Expert Witnesses in Disability Cases", Employment Law Strategist (April 1994)

How To Use Expert Witnesses in Disability Cases

John A. Beranbaum, "Civil Rights Remedies For Gender-Motivated Violence Act", New York Law Journal (6/22/98)

Civil Rights Remedies For Gender-Motivated Violence Act

John A. Beranbaum, "Survey of Emotional Distress and Punitive Damages Awards in Excess of $100,000", The Employee Advocate (Fall 1998)

Survey of Emotional Distress and Punitive Damages Awards in Excess of $100,000

John A. Beranbaum, "Kolstad v. American Dental Association: Punitive Damages Under Title VII", New York Law Journal (8/18/99.)

Kolstad v. American Dental Association: Punitive Damages Under Title VII

John A. Beranbaum, "Confusion at the Top: The Supreme Court Establishes A New Defense to Punitive Damages", The Employee Advocate (Sring 2000)

Confusion at the Top: The Supreme Court Establishes A New Defense to Punitive Damages

John A. Beranbaum, "Overcoming the Faragher/Ellerth Affirmative Defense: An Annotated Set of Interrogatories and Request for Production of Documents", The Employee Advocate (Fall 2000)

Overcoming the Faragher/Ellerth Affirmative Defense: An Annotated Set of Interrogatories and Request for Production of Documents

John A. Beranbaum, "Reasonably Accommodating ADA Reassignments", New York Law Journal (12/12/01)

Reasonably Accommodating ADA Reassignments

John A. Beranbaum, "Accommodating Leaves of Absences Under the ADA", New York Law Journal (7/12/01)

Accommodating Leaves of Absences Under the ADA

John A. Beranbaum, "Hiring Issues, Disability-Related Inquiries and Medical Examinations under the ADA", HR Advisor (March/April 2002)

Hiring Issues, Disability-Related Inquiries and Medical Examinations under the ADA

John A. Beranbaum, "Calculating Economic Damages in an Employment Case, Parts I and II", Employee Rights Quarterly (Spring, Fall 2002)

Calculating Economic Damages in an Employment Case, Parts I and  II

John A. Beranbaum, "Litigating Sex Harassment Cases", ReedLogic (Dec. 2006)

John A. Beranbaum, "Time to Revisit New York’s At-Will Employment Doctrine", New York Law Journal (7/19/06)

Time to Revisit New York’s At-Will Employment Doctrine

John A. Beranbaum, "Reconstructing Constructive Discharge in the Second Circuit", New York Law Journal (6/06/08)

Reconstructing Constructive Discharge in the Second Circuit

John A. Beranbaum, "The Americans With Disabilities Amendment Act: A ‘National Mandate", New York Law Journal (12/3/08.)

The Americans With Disabilities Amendment Act: A ‘National Mandate

John A. Beranbaum, "Assessing the Impact of ‘Gross’ on Employment Discrimination Claims", New York Law Journal (8/9/10)

Assessing the Impact of ‘Gross’ on Employment Discrimination Claims

John A. Beranbaum, "The Medicare Secondary Payer Act", The New York Employee Advocate (Feb./March 2013)

The Medicare Secondary Payer Act

John A. Beranbaum, "Attorney Fees: The Death of Arbor Hill", NYSBA Journal (February 2012)

Attorney Fees: The Death of Arbor Hill

John A. Beranbaum, "Mihalik v. Credit Agricole Cheuvreux: An Object Lesson in Summary Judgment Litigation", The New York Employee Advocate (June/July 2013)

Mihalik v. Credit Agricole Cheuvreux: An Object Lesson in Summary Judgment Litigation