Ricci v. DeStefano
557 U.S. 557 (2009) Cited 3,051 times 30 Legal AnalysesHolding that a city's making promotion decisions based on race would violate Title VII without a "valid defense"
Albemarle Paper Co. v. Moody
422 U.S. 405 (1975) Cited 2,610 times 5 Legal AnalysesHolding that an employment policy cannot stand if another policy, "without a similarly undesirable racial effect, would also serve the employer's legitimate interest"
Griggs v. Duke Power Co.
401 U.S. 424 (1971) Cited 2,761 times 34 Legal AnalysesHolding that § 703(h) does not protect use of testing requirements with a disparate impact on racial minorities where the tests were not shown to be related to job performance
Felder v. Casey
487 U.S. 131 (1988) Cited 1,175 times 2 Legal AnalysesHolding that a state law imposing a 120–day notice-of-injury prerequisite for claims against governmental defendants is preempted in actions under 42 U.S.C. § 1983
Forrest v. Jewish Guild
3 N.Y.3d 295 (N.Y. 2004) Cited 1,321 times 1 Legal AnalysesHolding that the McDonnell Douglas framework applies to discriminatory discharge claims brought pursuant to the NYSHRL
Hayden v. County of Nassau
180 F.3d 42 (2d Cir. 1999) Cited 980 timesHolding that designing a policy with a racially discriminatory purpose should not be construed as a facial classification when the policy does not explicitly, or in its application, distinguish between people on the basis of a protected category
Ferrante v. Am. Lung Assn
90 N.Y.2d 623 (N.Y. 1997) Cited 939 timesHolding that "[i]t is not the court's function on a motion for summary judgment to assess credibility"
Amatulli v. Delhi Constr Corp.
77 N.Y.2d 525 (N.Y. 1991) Cited 727 timesHolding that a pool manufacturer was not held liable for injuries sustained when a plaintiff dove headfirst into a shallow above-ground pool where the manufacturer provided explicit instructions requiring above-ground installation but the user installed the pool in the ground thereby obscuring the shallow nature of the pool's depth
Bennett v. Health Mgmt. Sys., Inc.
92 A.D.3d 29 (N.Y. App. Div. 2011) Cited 356 times 8 Legal AnalysesHolding that under NYCHRL summary judgment is inappropriate "once there is some evidence that at least one of the reasons proffered by defendant is false"
Thoreson v. Penthouse Intl
80 N.Y.2d 490 (N.Y. 1992) Cited 422 timesRelying on expressio unius, statutory language, and legislative history to foreclose expansion of listed damages remedies
Section R3211 - Motion to dismiss
N.Y. C.P.L.R. § 3211 Cited 37,992 times 3 Legal AnalysesGranting dismissal where a defense is based upon documentary evidence
Section 2000e-2 - Unlawful employment practices
42 U.S.C. § 2000e-2 Cited 28,215 times 168 Legal AnalysesAdopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”
Section 5501 - Scope of review
N.Y. CPLR 5501 Cited 7,195 times 2 Legal AnalysesStating that the “shocks the conscience” standard “was relaxed in 1986 in tort actions, including the common personal injury and wrongful death actions in which additur and remittitur are most often seen”
Section 5602 - Appeals to the court of appeals by permission
N.Y. CPLR 5602 Cited 1,154 timesDiscussing appeals by permission to New York Court of Appeals
Section 5611 - When appellate division order deemed final
N.Y. CPLR 5611 Cited 72 timesIf the appellate division disposes of all the issues in the action its order shall be considered a final one, and a subsequent appeal may be taken only from that order and not from any judgment or order entered pursuant to it. If the aggrieved party is granted leave to replead or to perform some other act which would defeat the finality of the order, it shall not take effect as a final order until the expiration of the time limited for such act without his having performed it. N.Y. CPLR 5611