Fourth Department Affirms Class Certification for Buffalo Jills in Case Against NFL, Bills

In Ferrari v The National Football League, four former members of the Buffalo Jills, the Bills' cheerleading squad, brought a proposed class action against the NFL, the Bills, and their employer alleging that they weren't paid for hundreds of hours of work because they were "deliberately misclassified as independent contractors rather than employees." The Jills'... Continue Reading →

En Banc Second Circuit Hears Arguments Whether Sexual Orientation Discrimination is Discrimination Because of Sex Under Title VII

The full Second Circuit yesterday heard arguments in Zarda v Altitude Express, which involves the hot button legal question whether Title VII offers protection for sexual orientation discrimination under the clause prohibiting discrimination "because . . . of sex." In a nearly two-hour argument, with three attorneys arguing on each side, the Court was fairly active... Continue Reading →

New York Judge Denies State’s Motion to Dismiss Suit Challenging Constitutionality of New York’s DFS Law

Last year, a wave of uncertainty surrounded the legality of daily fantasy sports. In New York, Attorney General Eric Schneiderman brought a high profile suit to enjoin the operation of Draft Kings and FanDuel, arguing that their DFS games violated New York's constitutional ban on gambling. Specifically, Article I, § 9 of the New York... Continue Reading →

U.S. Department of Justice Contradicts EEOC, Argues that Title VII Does Not Protect Against Sexual Orientation Discrimination

In Zarda v Altitude Express, Inc., the Second Circuit, sitting en banc, is faced with the question of whether to overrule its prior precedent and hold that Title VII protects against sexual orientation discrimination.  One month ago, the EEOC filed an amicus brief urging the Court to overrule its prior precedent in Simonton v Runyan, and... Continue Reading →

Chevron Strikes Again: Second Circuit Holds FMLA Retaliation Plaintiffs Need Only Show Exercise of Rights was Motivating Factor, Not But For Cause

The Family Medical Leave Act provides job protection for workers who need time off for a serious health condition or to care for family members who are suffering from a qualifying condition.  Because of its broad protections, the FMLA has also engendered a substantial amount of litigation.  The claims can take two different shapes: FMLA... Continue Reading →

Expressions Hair Design Update: State Asks Second Circuit to Certify Interpretation of General Business Law § 518 to the Court of Appeals

Seven weeks ago, the Second Circuit asked the parties in Expressions Hair Design v Schneiderman to submit further briefing on whether it should certify to the Court of Appeals the question of how General Business Law § 518, New York's credit card surcharge law, should be interpreted, whether section 518 is a valid commercial disclosure, and whether... Continue Reading →

Court of Appeals Holds Promissory Estoppel and Unconscionability May Foreclose Reliance on the Statute of Frauds

For years, you work with your grandfather to manage his rental apartments.  When he retires from the business, you take over the rentals and upkeep of the building.  You find tenants.  You pay the mortgage and taxes.  You do everything.  In exchange for your years of work, he orally promises to give you the building... Continue Reading →

Court of Appeals Holds Bail Bondsmen Can’t Keep Bond Premium if Defendant Not Released

Arthur Bogoraz is a bad dude.  For more than three years, he ran a multi-million dollar no-fault insurance fraud scheme by convincing radiologists to review MRIs and submit fake insurance claims for payment.  He paid the radiologists kickbacks and then not only pocketed the cash, but used the radiologists' information to set up fake medical... Continue Reading →

Second Department Grants Leave to Appeal to Court of Appeals Sua Sponte. Can It Do That?

People v Flores is an important case. In Flores, four criminal defendants were tried together on gang assault charges.  The County Court where they were being tried, however, decided that it was going to empanel an anonymous jury, with the jurors identified only by number, not by name.  The defendants' objected, arguing multiple times that... Continue Reading →

Court of Appeals Holds Education Funding Cases Must be Pled on District-by-District Basis

Under the Education Article of the New York Constitution, students are guaranteed a free, sound basic education that should prepare them for participation in society.  For the last 20 years, parents, education groups, and the State have fought over exactly what that requires.   Beginning in 1995 with a series of cases called Campaign for... Continue Reading →

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