DEVELOPER ORDERED TO PAY OVER $60K FOR UNAUTHORIZED REMOVAL After a developer sought permission to remove a tree from a neighboring property (so that it could build a new curb cut and driveway), the New York City Department of Parks and Recreation informed the company that it would first need to pay $60,200 in “restitution value” before a permit could issue. Months later, because the tree was “destroyed without authorization,” the City demanded that the company pay the delineated fee. When a special proceeding – pursuant to CPLR Article 78 – was later filed, the developer contended the City di ..read more

SCHOOL DISTRICT WRONGFULLY FORCED DISABLED EMPLOYEE TO RESIGN In early April, West Memphis School District was sued by the United States Justice Department, for denying an employee’s request for “temporary telework.” Apparently, the school science curriculum specialist suffered from a disability which required that she temporarily telework “to avoid damage to her health.” When that request was denied, the employee was forced to resign. Believing that such conduct violated Title I of the Americans with Disabilities Act (ADA), the DOJ filed suit in the U.S. District Court for the Eastern Distric ..read more

STARTED MEDICAL MALPRACTICE CASE TOO LATE After J.C. filed a “medical malpractice” case alleging that her doctor, J.E.S., failed to diagnose her breast cancer, the latter sought to dismiss the litigation, claiming he was never served with the pleadings and that the dispute was now barred by the governing statute of limitations. When the Suffolk County Supreme Court denied that dismissal request (and allowed the plaintiff an extension of time to serve the summons and complaint), an appeal ensued. On its review of the record, the Appellate Division, Second Department, noted that the J.C. had onl ..read more

TELLS VIETNAMESE FAMILY TO “GO BACK TO CHINA” On April 3, 2024, JS pleaded guilty a “one federal hate crime count.” Apparently, as GN, who is Vietnamese, was outside of a post office with his family, JS approached the group, yelled that they should “go back to China,” threatened to kill them, and then proceeded to drive his car into GN causing the latter serious “bodily injury and pain.” In a written statement, Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division noted that “This defendant’s hate-filled attack not only seriously injured the victim, but al ..read more

JOSHUA MORGAN’S FEATURE FILM RACKS UP ANOTHER WIN! The INDO FRENCH INTERNATIONAL FILM FESTIVAL, based out of Puducherry, India (which was once known as “The French Riviera of the East”), sets out “to discover high quality and ambitious films, to promote filmmakers’ works and to help them realize their dreams.” ▫️ We’re honored to announce that on April 7, IFIFF selected CHILDREN OF THE PINES — a feature-length horror, written and directed by 21-year-old JOSHUA MORGAN (of Tampa Florida) — as BEST THRILLER FEATURE FILM! ▫️ In this movie, we follow a dysfunctional family desperately searching for ..read more

DIRECTIVE PROVIDED FOR A WAIVER OF DISCOVERY IF NOT TIMELY COMPLETED After the plaintiff, C.K., sought a 30-day extension of time within which to file a “note of issue,” (a document indicating that the case was ready for trial), the New York County Supreme Court denied that request, and an appeal ensued. On its review, the Appellate Division, First Department, noted that the motion court’s order had directed that discovery would be "automatically waived and precluded" if not completed by the timeframes set by that judge. While plaintiff claimed that relief was needed because the parties had re ..read more

According to a Consumer Product Safety Commission press release, these Chinese-made fuel bottles, sold by Randder aren't "kid safe." Some 1800 units recalled. # # # Randder Liquid Fuel Bottles Recalled Due to Risk of Burn and Poisoning; Violation of the Children’s Gasoline Burn Prevention Act; Sold Exclusively on Amazon.com by Render Store Name of Product: Randder 2-Pack Liquid Fuel Bottles Hazard: The portable fuel containers do not meet the child-resistant requirements for closures under the Children's Gasoline Burn Prevention Act (CGBPA). The closure for the products is not child resistant ..read more

The Consumer Product Safety Commission recently announced a recall of these Taiwanese-made cranksets sold by Full Speed Ahead. Over 12,000 units recalled. # # # Full Speed Ahead Recalls Gossamer Pro AGX+ Cranksets Sold on Bicycles Due to Fall and Injury Hazards Name of Product: Gossamer Pro AGX+ cranksets Hazard: The bicycle's crank arms can loosen and/or detach from the crank/spindle, posing fall and injury hazards. Remedy: Replace/Repair Recall Date: April 18, 2024 Units: About 12,300 (In addition, about 250 were sold in Canada) Consumer Contact Full Speed Ahead toll-free at 877-743-3372 fr ..read more

CLINIC AGREES TO PAY $95K TO SETTLE DISCRIMINATION CLAIM Passages Family Support, a clinic based out of Spokane, Washington, recently agreed to pay $95,000 to resolve a discrimination claim filed by the U.S. Equal Employment Opportunity Commission (EEOC). The non-profit organization supposedly denied a mental health therapist a “job related accommodation for a religious belief.” Instead of reasonably accommodating the therapist’s request, they terminated her employment. Believing that such conduct violated Title VII of the Civil Rights Act of 1964, the EEOC undertook an investigation of the cl ..read more

CONTRACTOR SATISFACTORILY PERFORMED WORK After a homeowner slipped on some ice and was injured on his property he sued the Defendant, MSR, in Westchester County Supreme Court, alleging that the latter had negligently installed “gutters and downspouts,” which caused water to accumulate and freeze on the property’s walkway. After his personal injury case was dismissed, the plaintiff appealed. And on its review, the Appellate Division, Second Department, noted that while a contractor has a “duty of reasonable care,” it must be shown that the individual somehow failed to perform the work with “rea ..read more