News

Second Circuit: “Continuing Violation” Doctrine Applies in Determining Applicability of Ending Forced Arbitration Act to Sexual Harassment-Related Hostile Work Environment Claim

By Gregory P. Feit Our Firm has previously reported (here and here) on the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”; 9 U.S.C. §§ 401-402), which invalidates and renders unenforceable, at the election of a complainant, pre-dispute arbitration agreements in cases relating to sexual...

Read More

Second Circuit Takes Narrow View of In-State/In-City “Impact” Required for New York Discrimination Claims

Our Firm has recently reported (here and here) on courts’ application of the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) to nonresident plaintiffs asserting employment discrimination claims, and specifically on courts’ interpretation of the rule announced in Hoffman v. Parade Publications...

Read More

Second Circuit Finds Procedural Error in Judgement Based on Pre-Motion Proceedings

Only rarely do decisions of the United States Court of Appeals for the Second Circuit delve into the realm of pre-motion letters and pre-motion conferences.  But that’s what happened recently in Kowalchuck v. Metropolitan Transportation Authority.[1]  The court’s ruling there provides helpful guidance on pre-motion issues and related procedural safeguards....

Read More