From Casetext: Smarter Legal Research

Balko v. Ukrainian Nat'l Fed. Credit Union

United States District Court for the Southern District of New York
Jun 10, 2014
2014 WL 1377580 (S.D.N.Y. 2014)

Summary

denying summary judgment where the defendant "may have falsely manufactured" evidence used to support initial reason for dismissal

Summary of this case from Richardson v. Bronx Lebanon Hosp.

Opinion

13 Civ. 1333 (LAK)

June 10, 2014, Decided. June 10, 2014, Filed

For Christine Balko, Plaintiff: Nils C. Shillito, Stephen D. Hans & Associates, P.C., Long Island City, NY; Stephen D. Hans, Stephen D. Hans & Associates, P.C(LIC), Long Island City, NY.

For Ukrainian National Federal Credit Union, Defendant: Philip K Davidoff, LEAD ATTORNEY, Roshni Chaudhari, Ford & Harrison LLP (NYC), New York, NY.


ORDER

Lewis A. Kaplan, District Judge.

Defendant's objections, which are almost entirely frivolous and entirely without merit, to the comprehensive and meticulous report and recommendation of Magistrate Judge Andrew J. Peck are overruled. Its motion for summary judgment dismissing the complaint [DI 31] is denied.

SO ORDERED.

Dated: June 10, 2014

/s/ Lewis A. Kaplan

Lewis A. Kaplan

United States District Judge


Summaries of

Balko v. Ukrainian Nat'l Fed. Credit Union

United States District Court for the Southern District of New York
Jun 10, 2014
2014 WL 1377580 (S.D.N.Y. 2014)

denying summary judgment where the defendant "may have falsely manufactured" evidence used to support initial reason for dismissal

Summary of this case from Richardson v. Bronx Lebanon Hosp.

rejecting defendant's "interpretation of the statutory language" where it "would frustrate the purpose of the legislation and unjustifiably narrow the whistleblower protection Congress intended"

Summary of this case from Taft v. Agric. Bank of China Ltd.

applying the McDonnell Douglas framework to a whistleblower claim under the federal Fair Credit Union Act

Summary of this case from Joffe v. King & Spalding LLP

noting that "events that followed [plaintiff's] disclosures" showed that her disclosures concerned possible violations of law

Summary of this case from Taft v. Agric. Bank of China Ltd.

applying that framework to an FCUA retaliation claim

Summary of this case from Taft v. Agric. Bank of China Ltd.

noting that “events that followed [plaintiff's] disclosures,” i.e. , the regulator's responses, demonstrated that her disclosures concerned possible violations of law or regulation

Summary of this case from Taft v. Agric. Bank of China Ltd.

noting that "[i]n 2012, however, Congress overruled the reasoning of those cases by [amending the federal whistleblower statute to state] that an employee is not excluded from whistleblower protection simply because her disclosure is made during the normal course of duties."

Summary of this case from Igwe v. City of Miami
Case details for

Balko v. Ukrainian Nat'l Fed. Credit Union

Case Details

Full title:CHRISTINE BALKO, Plaintiff, -against- UKRAINIAN NATIONAL FEDERAL CREDIT…

Court:United States District Court for the Southern District of New York

Date published: Jun 10, 2014

Citations

2014 WL 1377580 (S.D.N.Y. 2014)
2014 U.S. Dist. LEXIS 128101

Citing Cases

Taft v. Agric. Bank of China Ltd.

SeeSimas v. First Citizens' Fed. Credit Union , 170 F.3d 37, 44 (1st Cir. 1999) (relying on “analogous…

Taft v. Agric. Bank of China Ltd.

Am. Compl. ¶ 19. The FRBNY's response, however, helps clarify what Taft reported.See Balko v. Ukrainian Nat.…