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The Appellate Division has reinstated a claim that a Black plaintiff was denied a promotion and fired because of his race. The First Department recognizes that the complaint asserts a cause of action. We see once again how the New York State and City Human Rights Laws operate.
The case is
In our world, if the case settles, then the case is over. Most civil rights cases settle privately and the court will issue an order dismissing the case without analyzing whether the settlement is fair or not. But there are exceptions to this rule. One of them arises in this case, where the EEOC has been in litigation against a labor union for more than 50 years and decided t...
This case examines the procedures in New York when a child is removed from their biological parents and the child's relatives want to provide care. Not everyone is allowed to adopt: those convicted of certain crimes are unable to do so, and if the evidence suggest the relatives had abused other children, their application will also be denied. This case is brought by the child...
In this criminal case, the defendant pled guilty. In order to do that, the trial court has to make sure the defendant is pleading guilty voluntarily and that he knows what he is doing. One way to accomplish that is to ask if the defendant is taking any medications. That line of inquiry brings this case to the Court of Appeals.
The case is
First Amendment retaliation litigation has never been the same ever since the Supreme Court held in 2006 that it's not protected speech if the government worker speaks out pursuant to his official job duties. That was the Garcetti case. It was believed at the time, at least by some of us, that the lower courts might interpret Garcetti narrowly and hold only that...