This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Jack B. Weinstein, granting summary judgment to one of two co-defendant corporations in a discrimination case, dealt with issues relating to employer status and aiding and abetting. Judge Pamela K. Chen rejected a constitutional challenge to sex offender registration and residency requirements. Judge Allyne R. Ross chose not to impose restitution in a wire fraud case where the difficulty of identifying a victim would unduly burden the sentencing process. And Judge Sandra L. Townes granted the government’s motion to dismiss a petition by a Citibank customer to quash an IRS administrative summons to the bank issued in aid of collecting assessed taxes.
City Anti-Discrimination Law
In Tate v. Rocketball, 14 CV 2056 (EDNY, Sept. 18, 2014), Judge Weinstein held that defendant Rocketball, Ltd., owners and operators of the Houston Rockets, was liable neither as a “co-employer” for its players’ taunting of a gay waiter working for co-defendant Levy Restaurant Holdings, LLC (Restaurant), nor as an “aider and abettor” of Levy’s employment decisions in response to the incident. The court therefore granted Rocketball’s motion for summary judgment.
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