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Pryor v. Jaffe & Asher LLP et al

MEMORANDUM OF LAW in Support re: 53 MOTION for Partial Summary Judgment . . Document

59 Cited authorities

  1. Faragher v. Boca Raton

    524 U.S. 775 (1998)   Cited 9,458 times   101 Legal Analyses
    Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough

  2. Burlington Indus., Inc. v. Ellerth

    524 U.S. 742 (1998)   Cited 7,216 times   93 Legal Analyses
    Holding that an employer is not liable for a hostile work environment created by one of its employees when "the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and . . . the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise"

  3. Pa. State Police v. Suders

    542 U.S. 129 (2004)   Cited 1,903 times   9 Legal Analyses
    Holding that a hostile-work-environment claim is a "lesser included component" of the "graver claim of hostile-environment constructive discharge"

  4. Salahuddin v. Goord

    467 F.3d 263 (2d Cir. 2006)   Cited 2,709 times
    Holding that where prison officials did not "point[] to anything in the record to show that they relied on legitimate penological justifications," court could not "manufacture facts out of thin air"

  5. Alfano v. Costello

    294 F.3d 365 (2d Cir. 2002)   Cited 1,763 times   4 Legal Analyses
    Holding that a plaintiff asserting a hostile work environment claim must provide "some circumstantial or other basis for inferring that incidents sex-neutral on their face were in fact discriminatory"

  6. Fincher v. Depository Trust

    604 F.3d 712 (2d Cir. 2010)   Cited 1,215 times   4 Legal Analyses
    Holding that the failure to investigate an employee's complaint does not contribute to nor constitute a hostile work environment

  7. Cruz v. Coach Stores, Inc.

    202 F.3d 560 (2d Cir. 2000)   Cited 1,603 times   2 Legal Analyses
    Holding that the plaintiff was not similarly situated to certain of her co-employees because the plaintiff had "engaged in a physical fight," while her co-employees' "behavior . . . involved words only"

  8. Brooks v. City of San Mateo

    229 F.3d 917 (9th Cir. 2000)   Cited 1,409 times   8 Legal Analyses
    Holding that a similar single instance of sexual harassment was not sufficiently severe or pervasive to establish a hostile work environment claim

  9. Byrnie v. Town of Cromwell, Bd. of Educ

    243 F.3d 93 (2d Cir. 2001)   Cited 1,140 times   9 Legal Analyses
    Holding that the same standard applies to claims of discrimination based upon gender and age

  10. Petrosino v. Bell Atl.

    385 F.3d 210 (2d Cir. 2004)   Cited 1,002 times   4 Legal Analyses
    Holding that images in the workplace "that conveyed a low regard for women" supported the plaintiff's hostile work environment claim

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 335,322 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 93,795 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint