The Employment Law Reporter

Here is what we cover in this issue of The Employment Law Reporter:

• The U.S. Court of Appeals for the Second Circuit has upheld a district court’s decision to dismiss a plaintiff’s First Amendment retaliation claim against his employer, but ruled that the district court should consider the plaintiff’s employment discrimination claim.
• The U.S. District Court for the Southern District of New York has dismissed all employment discrimination claims brought by a plaintiff against his former employer and supervisor, except for one claim that the court ordered to arbitration.
• The U.S. District Court for the Eastern District of New York has granted a university’s motion for summary judgment in an action brought by a former assistant professor under the federal Rehabilitation Act.
• The U.S. District Court for the Eastern District of New York has granted summary judgment in favor of the U.S. Department of Veterans Affairs (“VA”) in an employment discrimination lawsuit.
• An appellate court in New York has upheld a trial court’s issuance of a preliminary injunction in a case in which the plaintiffs asserted that the defendant had breached a noncompete provision in restrictive covenants related to the sale of his business to the plaintiffs.
• A trial court’s decision dismissing claims by an assignee alleging breach of a noncompete clause has been upheld on appeal.

Kenneth A. Novikoff