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CASES & PUBLICATIONS

John A. Beranbaum

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

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.