Stephen Bergstein

October 10, 2013 | New York Law Journal

Two recent cases from the U.S. Court of Appeals for the Second Circuit illustrate the court's broad application of qualified immunity and how defendants may avoid liability even if their actions, in hindsight, violated the Constitution.

By Stephen Bergstein

12 minute read

January 26, 2013 | New York Law Journal

Stephen Bergstein, a partner at Bergstein & Ullrich, writes that the Second Circuit remains reluctant to grant summary judgment in hostile work environment cases where ambiguities abound in the record and the jury may find that otherwise neutral mistreatment was motivated by illegitimate racial or gender bias.

By Stephen Bergstein

11 minute read

December 04, 2012 | New York Law Journal

Stephen Bergstein, a partner at Bergstein & Ullrich, writes: After the Supreme Court in 2006 revised the framework governing public employee speech retaliation claims, few whistleblowers have survived summary judgment in the U.S. Court of Appeals for the Second Circuit. But some district courts within the circuit have allowed these claims to proceed despite the new guidelines.

By Stephen Bergstein

13 minute read

May 29, 2012 | New York Law Journal

Stephen Bergstein, a partner at Bergstein & Ullrich, analyzes a recent case that fleshes out the parameters of 'Oncale,' holding that a jury could find that a female supervisor created a hostile work environment in touching the breasts of a female subordinate three times over a five-month period.

By Stephen Bergstein

10 minute read