Five parents have filed a lawsuit in response to an emergency order issued last week by New York City Mayor Bill de Blasio's administration declaring a public health emergency and requiring all residents within certain Brooklyn zip codes to be vaccinated against measles or face a $1,000 fine. According to news reports, the action was filed in Brooklyn Supreme Court against the New York City Department of Health, and alleges that the order exceeds the powers of the Public Health Commissioner. It also claims that the City's measures are too drastic in light of its reasons for issuing the order. A judge denied the parents' request for an emergency injunction yesterday, but the parties will appear in court on Thursday.
A New York tenant achieved an early victory in a lawsuit against his landlord based on harassment by a neighbor. This case should encourage landlords in New York and surrounding states to respond proactively to accusations of discrimination or harassment involving their tenants.
The Metropolitan Detention Center (M.D.C.), a federal jail in Brooklyn, is the subject of a new lawsuit and will be toured by a federal judge and senior federal defender after a power outage caused corrections officials to reportedly hold inmates on at least partial lockdown for days with no heat. A different judge has ordered the jail to allow inmates to have visits with their lawyers, which were apparently canceled last week as well.
A judge in New York has ruled that state Attorney General Barbara Underwood's case against the Trump Foundation can go forward. The case alleges that the charitable foundation engaged in a consistent pattern of illegal acts for over a decade, being used to settle business disputes and support the 2016 Trump presidential campaign. The judge ruled that U.S. Supreme Court precedent in the Paula Jones sexual harassment lawsuit against then-President Clinton clearly states that the president is not immune from civil liability while in office.
US Supreme Court to Decide Whether Private Entity Operating Public Access Channel Can Violate Individuals’ First Amendment Rights
The US Supreme Court last week agreed to hear a case in which two individuals sued a New York cable-TV public access channel for violating their First Amendment rights by banning them from the channel's services and facilities. In Manhattan Community Access Corp. v. Halleck, the two petitioners, Halleck and Melendez, argue that the Manhattan Neighborhood Network (MNN) unconstitutionally banned them from the public access channel, which they argue is a public forum subject to the First Amendment.
On Thursday, New York Attorney General Barbara Underwood filed a civil lawsuit against Donald Trump and his three eldest children for allegedly misusing funds associated with his personal foundation. The complaint, filed in New York state court, asks the judge to dissolve the Donald J. Trump Foundation and distribute its remaining $1 million in assets to other charities. Moreover, the lawsuit asks that Trump be forced to pay at least $2.8 million in restitution and penalties and takes the unusual step of requesting that Trump be banned from leading any other New York nonprofit organization for 10 years and that each of his three children be banned from serving as a director of a New York nonprofit organization for one year.
Second Circuit Rules Sexual Orientation Discrimination in the Workplace Violates Title VII of the Civil Rights Act of 1964
The US Court of Appeals for the Second Circuit, sitting en banc, held that a provision of Title VII of the Civil Rights Act of 1964 that prohibits discrimination "because of ... sex" includes protection against sexual orientation discrimination. Read the whole opinion on Justia Law.
In a somewhat surprising holding, a US district court judge in New York recently held that a news organization's embedding of someone else's tweet with copyrighted material violates the tweeter's right to exclusive display of the tweet.