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Fenner v. News Corporation et al

MEMORANDUM OF LAW in Support re: 68 MOTION for Summary Judgment.. Document

44 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,278 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. Reeves v. Sanderson Plumbing Prods., Inc.

    530 U.S. 133 (2000)   Cited 21,087 times   22 Legal Analyses
    Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"

  3. Raytheon Co. v. Hernandez

    540 U.S. 44 (2003)   Cited 950 times   4 Legal Analyses
    Holding that a neutral employment policy meets the employer's obligation at step two

  4. Patterson v. County of Oneida, N.Y

    375 F.3d 206 (2d Cir. 2004)   Cited 3,152 times   2 Legal Analyses
    Holding in a 42 U.S.C. §§ 1981 and 1983 context that, “[a]lthough a single incident ordinarily will not give rise to a cognizable claim for hostile work environment, ... [where the plaintiff was subjected to] a physical assault in which [he] was punched in the ribs and ... temporarily blinded by having mace sprayed in his eyes [w]e cannot say that, as a matter of law, such an incident is not sufficiently severe, in all the circumstances, to create a hostile work environment”

  5. Feingold v. New York

    366 F.3d 138 (2d Cir. 2004)   Cited 2,015 times   2 Legal Analyses
    Holding that plaintiff's Section 1983 claims against the New York State Department of Motor Vehicles (the "DMV") were "clearly barred by the Eleventh Amendment because the DMV is a state agency"

  6. Galabya v. New York City Bd. of Educ

    202 F.3d 636 (2d Cir. 2000)   Cited 1,384 times
    Holding that teacher's reassignment from a "special education, junior high school keyboarding class" to a "mainstream high school keyboarding class" was not an adverse employment action, as there was no evidence reassignment could "constitute a setback to the plaintiff's career"

  7. Murphy v. American Home Prod

    58 N.Y.2d 293 (N.Y. 1983)   Cited 1,847 times   1 Legal Analyses
    Holding that the limitation period for commencing a judicial action for unlawful discrimination in employment is the three-year period of N YCiv.Prac.L. R. § 214

  8. Woodman v. WWOR-TV, Inc.

    411 F.3d 69 (2d Cir. 2005)   Cited 697 times   2 Legal Analyses
    Holding that, to defeat summary judgment, plaintiff "was obliged to offer evidence indicating that persons who actually participated in her termination decision had . . . knowledge" of her protected characteristics

  9. Powell v. National Bd. of Medical Examiners

    364 F.3d 79 (2d Cir. 2004)   Cited 670 times
    Holding that the NCBE did not violate ADA or Rehabilitation Act when it followed its standard procedures for considering accommodations and there was no evidence that those standard procedures were unreasonable or discriminatory

  10. Kelly v. Howard I. Shapiro & Assocs. Consulting Eng'rs, P.C.

    716 F.3d 10 (2d Cir. 2013)   Cited 487 times   2 Legal Analyses
    Holding that complaint is not protected from retaliation under Title vII "if nothing in the substance of the complaint suggests that the complained-of activity is, in fact, unlawfully discriminatory"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,681 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 37,868 times   236 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race