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The Court of Appeals has reinstated a whistleblower retaliation lawsuit filed by a railroad employee who claims he suffered the consequences after he opposed their efforts to falsify railroad safety logs. This ruling clarifies the standards guiding such cases under the Federal Railroad Safety Act (FRSA), which provides a more plaintiff-friendly burden of proof.
The New York Court of Appeals has sustained murder verdict, rejecting the defendant's arguments that a racially-biased jury tainted the process.
The case is State v. Wiggins, issued on November 26. The defendant was charged with murder in Buffal...
When the Supreme Court in 2008 ruled that the Second Amendment recognizes a personal right of gun ownership, it not only opened the door to lawsuits challenging gun-control regulations. We've seen that share of cases reach the Second Circuit. This case, however, is a criminal manner in which the defendant was charged with a gun-related offense. He was found guilty but now cha...
The plaintiff sued his employer, the Onondaga County Sheriff's Department, under the First Amendment, claiming he was disciplined for speaking out: that another officer was having a sexual relationship with a confidential informant. He also claimed he was disciplined for acting on an assault report that another officer had ignored, But the courts say he has no case.
The...
This case is a lesson for attorneys, but also for clients. This whistleblower claim in Vermont went to trial, and the jury awarded the plaintiff over $3.2 million in damages. The court ordered a new trial, and a second jury awarded only $55,000 in damages. That's the lesson for clients: you never know with a jury. The lesson for attorneys is how to award attorneys' fees when ...
