Posts Categorized: Civil Rights

Posted: April 17, 2020

Do State Shut-Down Orders Effect A Taking For Which The State Must Pay Just Compensation?

By Elizabeth Wolstein Governors across the country have issued executive orders mandating the closure of businesses they deem non-essential in an effort to slow the spread of COVID-19. Slowing the spread of COVID-19, in turn, benefits all the state’s residents. Thus, the owner of the closed business is made to sacrifice the use of his... Read more »

Posted: April 25, 2019

Plaintiff has no Property Interest in Likeness Outside Civil Rights Law

On April 3, 2019, Justice Masley of the New York County Commercial Division issued a decision in Jonas v. Bayer Corp., 2019 NY Slip Op. 30930(U), holding that a plaintiff had no property interest in her likeness outside that granted by the Civil Rights Law, explaining: Jonas’ second cause of action for unjust enrichment is also... Read more »

Posted: April 22, 2019

Client Q & A: Three Questions To Ask If Your Business Is Sued For Being Allegedly Inaccessible To Wheelchair Users

Three Questions To Ask If Your Business Is Sued For Being Allegedly Inaccessible To Wheelchair Users By Elizabeth Wolstein The explosion of website accessibility lawsuits under the Americans with Disabilities Act (“ADA”) has been getting a lot of attention. These cases raise interesting legal, practical, and philosophical issues that we hope to address in future... Read more »

Posted: June 7, 2018

Judge Feuerstein Grants Motion To Dismiss Where Plaintiffs Failed To Take Timely Steps To Identify Jane Doe Defendant

Posted by Solomon N. Klein, Litigation Partner District Judge Sandra J. Feuerstein dismissed an action against a Jane Doe defendant after finding that plaintiffs failed to take reasonable steps to discover the identity of the Jane Doe defendant. The Court held that “while courts ‘typically resist dismissing suits against John Doe defendants until the plaintiff... Read more »

Posted: April 3, 2018

Computer-Generated Avatar May Constitute a “Portrait” Within the Meaning of Civil Rights Law Article 5

On March 29, 2018, the Court of Appeals issued a decision in Lohan v. Take-Two Interactive Software, Inc., 2018 NY Slip Op. 02208, holding that a computer-generated avatar may constitute a “portrait” within the meaning of Civil Rights Law article 5, explaining: The language of a statute is generally construed according to its natural and... Read more »

Posted: January 12, 2016

Court-Appointed Guardian Ad Litem Not a State Actor

On December 22, 2015, the Second Circuit issued a decision in Milan v. Wertheimer, 14‐3527‐CV, holding that court-appointed law guardians are not state actors for the purposes of Section 1983. In Milan v. Wertheimer, the plaintiff brought Section 1983 claims against several defendants, including two lawyers (Fred Wertheimer and Denise Costanza) who were “law guardians,... Read more »

Posted: September 14, 2015

Second Circuit Recognizes Retaliation Claims Under Section 1983

On September 2, 2015, the Second Circuit issued a decision in Vega v. Hempstead Union Free School District, 14‐2265‐CV, recognizing the existence of a retaliation claim under Section 1983. In Vega, the plaintiff school teacher brought an action in the EDNY against his school district and two administrators alleging claims for “discrimination and retaliation claims... Read more »