Stephen Bergstein

August 12, 2021 | New York Law Journal

The case signals that the Second Circuit may be charting a new path on motions to dismiss discrimination complaints, as the Court of Appeals suggests that Circuit precedent from 2015, which offers a generous standard for plaintiffs, may no longer be good law.

By Stephen Bergstein

8 minute read

December 12, 2017 | New York Law Journal

The U.S. Court of Appeals for the Second Circuit has agreed to decide whether its 2015 decision requiring that federal judges approve settlements under the Fair Labor Standards Act applies to settlements reached under Fed. R. Civ. P. 68.

By Stephen Bergstein

8 minute read

May 03, 2016 | New York Law Journal

Stephen Bergstein writes: A recent decision from the Second Circuit finds that a Long Island village violated the Fair Housing Act in rezoning property to make it more difficult to build multifamily housing. This decision reaffirms that intentional discrimination cases are often proven with subtle and circumstantial evidence; municipalities can be liable for the racist views of their constituents; and the Court of Appeals is loath to second-guess factual findings reached by the trial courts.

By Stephen Bergstein

11 minute read

December 07, 2015 | New York Law Journal

Stephen Bergstein writes that piece by piece, the Second Circuit has issued rulings detailing how to plead various civil claims after the U.S. Supreme Court in 'Ashcroft v. Iqbal' revised the federal pleading requirements. In 2013, the Second Circuit issued a series of decisions addressing plausibility pleading under the FLSA. It has now done so for discrimination claims under Title VII of the Civil Rights Act of 1964.

By Stephen Bergstein

11 minute read

December 06, 2015 | New York Law Journal

Stephen Bergstein writes that piece by piece, the Second Circuit has issued rulings detailing how to plead various civil claims after the U.S. Supreme Court in 'Ashcroft v. Iqbal' revised the federal pleading requirements. In 2013, the Second Circuit issued a series of decisions addressing plausibility pleading under the FLSA. It has now done so for discrimination claims under Title VII of the Civil Rights Act of 1964.

By Stephen Bergstein

11 minute read

September 04, 2015 | New York Law Journal

Stephen Bergstein writes: Two recent cases by the Second Circuit remind us that the jury reigns supreme in hotly contested civil rights cases where the legal standard invites a factual-balancing test. One case alleges that two New York City police officers used excessive force against an Occupy Wall Street protester, the other sustains a hostile work environment verdict.

By Stephen Bergstein

13 minute read

September 03, 2015 | New York Law Journal

Stephen Bergstein writes: Two recent cases by the Second Circuit remind us that the jury reigns supreme in hotly contested civil rights cases where the legal standard invites a factual-balancing test. One case alleges that two New York City police officers used excessive force against an Occupy Wall Street protester, the other sustains a hostile work environment verdict.

By Stephen Bergstein

13 minute read

July 18, 2014 | New York Law Journal

Stephen Bergstein writes: In ruling that the First Amendment prohibits the retaliatory termination of public employees who testify truthfully about public corruption, the Supreme Court recently clarified the principles governing the rights of whistleblowers in a unanimous ruling that may also undermine settled Second Circuit authority.

By Stephen Bergstein

12 minute read

January 16, 2014 | New York Law Journal

Stephen Bergstein, a partner at Bergstein & Ullrich, analyzes a recent decision in which the Second Circuit reversed summary judgment in a Title VII retaliation case, shedding further light on the ways plaintiffs can prove that management terminated their employment for pretextual reasons.

By Stephen Bergstein

10 minute read

March 14, 2012 | New York Law Journal

Stephen Bergstein, a partner at Bergstein & Ullrich, reviews a unique ruling where the court safeguarded against a plaintiff's double-recovery in an employment discrimination case by holding that if she wanted to have claims ruled improperly dismissed heard, she would have to have a retrial on all claims, including those where she was successful, because the jury may have been influenced by the dismissed claims when it awarded damages.

By Stephen Bergstein

10 minute read