In Griffin v Sirva, Inc. (No. 35) previewed here, two movers employed by Astro Moving and Storage Co. sued the parent company of Allied Van Lines, Sirva, Inc., for employment discrimination under the New York State Human Rights Law after they were fired by Astro pursuant to a Sirva policy forbidding the employment of persons …
Court of Appeals April-May Session: Arguments of Interest for May 3, 2017
The Court of Appeals’ April-May Session concludes on Wednesday, May 3rd with two cases on the argument docket (the Court of Appeals’ case summaries can be found here). The Court will address the following issues: (1) whether a civil contempt order for willfully failing to return converted funds may be admitted as Molineux evidence in …
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Court of Appeals April-May Session: Arguments of Interest for May 2, 2017
The Court of Appeals’ April-May Session continues back at Court of Appeals Hall on Tuesday, May 2nd with three cases on the argument docket (the Court of Appeals’ case summaries can be found here). The Court will address the following issues: (1) whether the courts have long-arm personal jurisdiction over foreign residents and corporations that drafted …
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Former Court of Appeals Judges Dish on the Court, Jurisdiction, and How to Become a Judge
The Albany Law Review’s Chief Judge Lawrence H. Cooke State Constitutional Commentary Symposium this year featured two of the most recent “retirees” from the Court of Appeals, Associate Judges Robert Smith and Eugene Pigott, who reached mandatory retirement age and left the Court in 2014 and 2016, respectively. Entitled “Off the Bench: Reflections on Judging …
Court of Appeals April-May Session: Arguments of Interest for April 27, 2017
The Court of Appeals’ April-May Session road trip to Westchester County concludes on Thursday, April 27th with three cases on the argument docket (the Court of Appeals’ case summaries can be found here). The Court will address the following issues: (1) whether a criminal defendant is entitled to an adverse inference instruction against the People where …
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Court of Appeals April-May Session: Arguments of Interest for April 26, 2017
The Court of Appeals’ April-May Session continues in Westchester County on Wednesday, April 26th with two cases on the argument docket today (the Court of Appeals’ case summaries can be found here). The Court will address the following issues: (1) whether additional insureds are covered for losses stemming from a personal injury suit where the named …
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Court of Appeals April-May Session: Arguments of Interest for April 25, 2017
The Court of Appeals’ April-May Session begins on Tuesday, April 25th with the Court on a road trip to Westchester County. As the Court regularly does throughout the year, the first week of arguments for the April-May Session will be heard at the Richard J. Daranco Westchester County Courthouse. Three cases are on the argument …
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Second Circuit Holds Employee’s Offensive Facebook Post Still Protected Under NLRA
The Second Circuit, deferring to the NLRB's factual findings, holds that an employee's offensive and derogatory Facebook post about his boss and his boss's mother were still protected under the NLRA because it contained union advocacy. This is the post. The Court, therefore, held that the employer violated the NLRA by terminating his employment for …
First Department Affirms Trial Court Decision to Set Aside Personal Injury Verdict for Egregious Conduct of Defendant’s Counsel
In Smith v Rudolph, the First Department affirms a trial court decision to set aside a personal injury verdict in the plaintiff's favor because defense counsel's conduct was so egregious that it deprived the plaintiff of fair trial. The Court held: Here are some examples of what defense counsel did to justify the new trial in the interest of justice: …
Second Circuit Again Constrained to Dismiss Title VII Sexual Orientation  Discrimination ClaimÂ
A panel of the Second Circuit again holds that it is constrained to dismiss Title VII sexual orientation discrimination claim by court's prior Simonton holding. The Court's recent Christiansen and Zarda holdings set the stage for en banc reconsideration of seemingly outdated Circuit precedent that Title VII does not protect against sexual orientation discrimination. The …
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