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Cases & Publications

Cases

Stega v. New York Downtown Hosp., 29 N.Y.3d 1046, 78 N.E.3d 1193 (2017) (appeal pending from Appellate Division’s decision holding doctor’s allegedly defamatory statements to FDA investigator were absolutely privileged)

Creacy v. BCBG Max Azria Grp., LLC, No. 14 CIV. 10008 (ER), 2017 WL 1216580 (S.D.N.Y. Mar. 31, 2017) (denying summary judgment as to plaintiff’s hostile environment, retaliation and constructive discharge claims where employer failed to protect retail African-American employee from a customer’s racially-motivated harassment)

State ex rel. Banerjee v. Moody’s Corp., 54 Misc. 3d 1201(A), 50 N.Y.S.3d 28 (N.Y. Sup. Ct. 2016) (in New York False Claims action, denying motion to dismiss plaintiff’s qui tam and whistleblower retaliation claims) 

Grenawalt v. AT&T Mobility LLC, 642 Fed. Appx. 36, 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)

Digilov v. JPMorgan Chase, N.A., No. 13 Civ. 975(KPF), 2015 WL 685178 (S.D.N.Y. Feb. 18, 2015) (finding bank’s reasons for denying plaintiff bank manager trainee positions were pretext for age discrimination)

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)

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)

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)

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) 

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)

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)

Guzman v. Macy’s Retail Holdings, Inc., 2010 WL 1222044 (S.D.N.Y. 2010) (denying motion to dismiss in sexual harassment action)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

Governale v. Airborne Express, No. 95 CV 0451, 1997 WL 1948951 (E.D.N.Y. May 6, 1997) (sexual harassment)

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)

Brennan v. City of White Plains67 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)

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)

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)

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)

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)

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)

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)

Publications

John A. Beranbaum, "The Interactive Process: A Right in Search of a Remedy", National Employment Lawyers Assn., Annual Convention (June 2017)

John A. Beranbaum, "Disparate Impact", Chapter 3, Employment Discrimination Law, Fifth Edition, 2015 Cumulative Supplement, by Barbara T. Lindemann, et al. (2015)

John A. Beranbaum, "Advising A Client on Disclosing a Psychiatric Disability to an Employer", Practicing Law Institute, Psychological Issues in Employment Law 2016 (December 11, 2015)

John A. Beranbaum, "Accommodating Employees with Mental Disabilities", Accommodating Employees with Mental Disabilities (August 25, 2015)

John A. Beranbaum, "NELA-NY Fall 2014 Conference", NELA/NY Fall 2014 Conference (Sept. 2014)

John A. Beranbaum, "Mihalik v. Credit Agricole Cheuvreux: An Object Lesson in Summary Judgment Litigation", The New York Employee Advocate (June/July 2013)

John A. Beranbaum, "The Medicare Secondary Payer Act", The New York Employee Advocate (Feb./March 2013)

John A. Beranbaum, "Title VIII Update: A Plaintiff Lawyers Perspective", Title VIII Update: A Plaintiff Lawyers Perspective (Jan 2013)

John A. Beranbaum, "Attorney Fees: The Death of Arbor Hill", NYSBA Journal (February 2012)

John A. Beranbaum, "Assessing the Impact of ‘Gross’ on Employment Discrimination Claims”, New York Law Journal (August 9, 2010)

John A. Beranbaum, “The Americans With Disabilities Amendment Act: A ‘National Mandate’”, New York Law Journal (December 3, 2008)

John A. Beranbaum, "Reconstructing Constructive Discharge in the Second Circuit", New York Law Journal (June 06, 2008)

John A. Beranbaum, "Litigating Sex Harassment Cases", ReedLogic (Dec. 2006)

John A. Beranbaum, "Time to Revisit New York’s At-Will Employment Doctrine", New York Law Journal (July 19, 2006)

John A. Beranbaum, "Calculating Economic Damages in an Employment Case, Parts I and II", Employee Rights Quarterly (Spring, Fall 2002)

John A. Beranbaum, "Hiring Issues, Disability-Related Inquiries and Medical Examinations under the ADA", HR Advisor (March/April 2002)

John A. Beranbaum, "Reasonably Accommodating ADA Reassignments", New York Law Journal (December 12, 2001)

John A. Beranbaum, "Accommodating Leaves of Absences Under the ADA", New York Law Journal (July 12, 2001)

John A. Beranbaum, "Confusion at the Top: The Supreme Court Establishes A New Defense to Punitive Damages", The Employee Advocate (Spring 2000)

John A. Beranbaum, "Overcoming the Faragher/Ellerth Affirmative Defense: An Annotated Set of Interrogatories and Request for Production of Documents", The Employee Advocate (Fall 2000)

John A. Beranbaum, "Supreme Court Establishes New Defense to Punitive Damages Claims", Employment Law Strategist (Oct. 1999)

John A. Beranbaum, "Kolstad v. American Dental Association: Punitive Damages Under Title VII", New York Law Journal (August 18, 1999)

John A. Beranbaum, "Survey of Emotional Distress and Punitive Damages Awards in Excess of $100,000", The Employee Advocate (Fall 1998)

John A. Beranbaum, "Civil Rights Remedies For Gender-Motivated Violence Act", New York Law Journal (June, 22 1998)

John A. Beranbaum, "How To Use Expert Witnesses in Disability Cases", Employment Law Strategist (April 1994)

John A. Beranbaum, "A Pilot’s Story: Criado v. ITT", Employment Law Strategist (December 1993)