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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Suleman v. State of New York Department of Taxation & Finance

Petitioner, a probationary excise tax investigator, was terminated by Respondent after investigations revealed numerous discrepancies and false statements in his personnel records, including multiple names, Social Security numbers, birth dates, addresses, and employment history, as well as tax evasion. Petitioner challenged the termination, alleging discrimination based on Palestinian ancestry and bad faith. The Supreme Court dismissed his application. On appeal, the court affirmed the dismissal, ruling that while petitioner established a prima facie case of discrimination, Respondent provided legitimate, nondiscriminatory reasons for the termination. Petitioner failed to demonstrate that these reasons were a pretext for discrimination, as he did not deny the extensive false statements made to various government agencies.

Probationary EmployeeEmployment TerminationCPLR Article 78Discrimination ClaimPalestinian AncestryFalse StatementsMisrepresentationPersonnel RecordsTax EvasionPrima Facie Case
References
9
Case No. MISSING
Regular Panel Decision

State Division of Human Rights v. Ozone Industries, Inc.

Plaintiff Mathial Bonhomme, a black man of Haitian ancestry, brought an employment discrimination suit under Title VII against Ozone Industries, Inc., Gilbert Austein, and International Association of Machinists and Aerospace Workers, AFL-CIO, District No. 15. Bonhomme alleged racial and national origin discrimination due to his layoff and subsequent refusal to be rehired. The defendants argued that the refusal to rehire was based on their belief that Bonhomme was involved in a watch theft. Although the court found that Bonhomme established a prima facie case of discrimination, the defendants successfully articulated a legitimate, nondiscriminatory reason for their actions. Bonhomme failed to prove that the defendants' stated reason was a pretext for discrimination, leading to the dismissal of his case.

Employment DiscriminationTitle VIIRace DiscriminationNational Origin DiscriminationLayoffRefusal to RehirePrima Facie CasePretextMcDonnell Douglas FrameworkBurdine Standard
References
7
Case No. MISSING
Regular Panel Decision

Abboud v. Cnty. of Onondaga

Noel Abboud, a corrections officer of Arab ancestry, sued the County of Onondaga and several Department of Correction employees for discrimination and retaliation under Title VII, Sections 1981, 1983, 1985, 1986, and New York State law. Abboud alleged ongoing ethnic harassment, including derogatory comments, adverse employment actions like written reprimands, and denial of firearms training. Defendants moved for summary judgment, arguing statute of limitations and lack of merit, but the court found some compelling circumstances. The court partially denied the motion, allowing hostile work environment claims and certain retaliation and discrimination claims related to firearms qualification, a medical examination, and a restricted duty assignment to proceed. Most other claims, including conspiracy claims and some state law claims, were dismissed.

Employment DiscriminationNational Origin DiscriminationRetaliationHostile Work EnvironmentSummary JudgmentTitle VIICivil Rights Act of 1964New York State Human Rights LawSection 1981 ClaimsSection 1983 Claims
References
58
Case No. MISSING
Regular Panel Decision

Abecassis v. Wyatt

This suit was brought by American plaintiffs injured in terrorist attacks in Israel between 2000 and 2002. The plaintiffs allege that the defendants, companies and individuals in the oil and gas business, illegally used the United Nations Oil-for-Food Program to purchase oil from Iraq. They claim that the defendants made illegal kickbacks to a secret bank account controlled by Saddam Hussein, who then used these funds to support Palestinian terrorist organizations and compensate families of suicide bombers, aiding in terrorist recruitment. The plaintiffs filed under the Antiterrorism Act (ATA). The defendants moved for summary judgment, arguing the claims were barred by the ATA’s four-year limitations period. The court denied the defendants' motion, finding a genuine factual dispute regarding when the plaintiffs should have discovered their claims, thus allowing for equitable tolling.

terrorismAntiterrorism ActOil-for-Food ProgramSaddam Husseinkickbacksfraudulent concealmentequitable tollingstatute of limitationsMiddle EastIsrael-Palestine conflict
References
74
Case No. MISSING
Regular Panel Decision

United States v. Winddancer

The court denied defendant Ed Winddancer's motion to dismiss the indictment, which charged him with possessing and bartering eagle and migratory bird feathers in violation of the Bald and Golden Eagle Protection Act (BGEPA) and the Migratory Bird Treaty Act (MBTA). Winddancer, claiming Native American ancestry but not affiliation with a federally recognized tribe, argued these statutes substantially burdened his religious practices under the Religious Freedom Restoration Act (RFRA). The court determined he lacked standing to challenge the MBTA due to failure to apply for a permit. While he had standing to challenge the BGEPA, the court found he failed to demonstrate a sincere religious belief and that the government's regulations were the least restrictive means to serve compelling interests in wildlife preservation and tribal cultural protection. Additionally, his challenges to the definitions of 'bartering' and 'possession' under the MBTA, and his 'outrageous government conduct' defense, were rejected.

Religious Freedom Restoration ActBald and Golden Eagle Protection ActMigratory Bird Treaty ActNative American Religious PracticesEagle FeathersMigratory Bird FeathersMotion to Dismiss IndictmentCriminal Procedure Rule 12(b)Standing to Challenge RegulationsFacial Challenge
References
46
Case No. 09-cv-4413
Regular Panel Decision

Wiercinski v. Mangia 57, Inc.

The plaintiff, Adam Wiercinski, filed a complaint against corporate defendant Mangia 57 and several individual defendants, alleging religious and national origin discrimination, retaliation, unlawful discharge, and conspiracy under federal and state human rights laws (Title VII, 42 U.S.C. §§ 1981, 1985, 1986, NYSHRL, NYCHRL). All individual defendants and most causes of action were dismissed, leaving Title VII hostile work environment claims (based on religion and ancestry/ethnicity) and a § 1981 claim against Mangia 57. A jury found Mangia 57 liable for a hostile work environment perpetuated by a supervisor, awarding $1 in nominal damages and $900,000 in punitive damages. The defendant subsequently filed motions for judgment notwithstanding the verdict (Rule 50(b)) and for a new trial (Rule 59). The Court granted the defendant's Rule 50(b) motion, overturning the jury verdict, primarily due to serious concerns about the plaintiff's credibility (including his repeated invocation of the Fifth Amendment), the lack of evidence establishing the alleged harasser as a 'supervisor' under Title VII standards, and the grossly excessive punitive damages award.

Hostile Work EnvironmentReligious DiscriminationNational Origin DiscriminationRetaliationTitle VII42 U.S.C. Section 1981Federal Rules of Civil ProcedureJudgment as a Matter of LawNew Trial MotionPunitive Damages
References
36
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