Tag Archives: Judge Failla

Second Circuit Finds that Claim Focused on Sexual Orientation Discrimination May Proceed Under Gender Stereotyping Theory

Last week, the Second Circuit reversed Judge Failla’s decision criticizing precedent that she concluded required dismissal of a Title VII claim focused on sexual orientation discrimination (see our coverage of Judge Failla’s ruling here).  The Second Circuit found that it lacked authority to overturn circuit precedent without an en banc panel or a subsequent U.S. Supreme Court decision, and so did … Continue Reading

Judge Failla Dismisses Chipotle E. coli Class Action

This week, Judge Failla dismissed a putative class action stemming from the 2015 food-borne illness outbreak among Chipotle customers.  According to the complaint, at least seven E. coli outbreaks at Chipotle restaurants in 2015 were caused by Chipotle’s switch from processing produce at a central facility to processing produce in each of its 1,900 restaurants.  … Continue Reading

Judge Failla Rejects “Fair Use” Defense for Gossip Website’s Screen Grabbing of Photos

In an opinion Wednesday, Judge Failla found that the website Gossip Cop was liable for posting screen grabs of copyrighted photos from other websites, and rejected Gossip Cop’s argument that doing so was “fair use.”  Gossip Cop’s fair use argument was premised on the fact that it commented on whether the underlying news stories associated … Continue Reading

Class Action Complaint Filed Over Starbucks’ Beverage Sizes

A putative class action filed last week alleges that Starbucks’ espresso beverages contain fewer fluid ounces than advertised due to an alleged company-wide policy of under-filling beverage cups.  According to the complaint, two representative beverages purchased at a Manhattan Starbucks included roughly 15% less volume than advertised.  The proposed class includes all persons or entities … Continue Reading

Judge Failla Criticizes Binding Precedent Excluding Sexual Orientation from Title VII

In an opinion today, Judge Failla dismissed employment discrimination claims brought by a gay man under Title VII.  She found the employer’s alleged conduct to be “reprehensible” but was “constrained to find that Plaintiff has not stated a cognizable claim” because the Second Circuit has held, in Simonton v. Runyon, 232 F.3d 33 (2d Cir. 2000), … Continue Reading

Bankers Association Renews Challenge to City Regulation of Banks as Preempted by State and Federal Law

The New York Bankers Association filed a complaint Tuesday seeking to invalidate “Local Law 38,” which calls for the creation of a Community Investment Advisory Board (the “CAIB”) to gather information about banks that take deposits from the City and to establish “best practices” for those banks regarding various initiatives, including (for example) offering financial services most needed … Continue Reading

Judge Failla: CFPB Anti-Retaliation Protections Do Not Cover Complaints About CMBS

In an opinion yesterday, Judge Failla largely denied UBS’s motion to dismiss a lawsuit brought by a plaintiff who claims he was fired, in violation of anti-retaliation laws, for complaining about UBS’s practices relating to commercial mortgage-backed securities (CMBS). Judge Failla did dismiss, however, the plaintiffs’ claims under the Consumer Financial Protection Act.  This portion … Continue Reading

Restaurant Giant Darden Can Charge Automatic Tips, Judge Failla Rules

In a ruling last week, Judge Failla dismissed a purported class action suit against Darden Restaurants, the owner of the Red Lobster and Olive Garden restaurant chains. The plaintiff, Ted Dimond, sought to represent a class of Darden’s customers, accusing the restaurant giant of violating New York state consumer protection laws by illegally adding an … Continue Reading
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