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News 2014


Dismissal of Excessive Force Claim Against School District and Administrators


Lewis Silverman obtained dismissal of a Complaint against a school district, the Superintendent of Schools and an Elementary School Principal.  The plaintiff alleged that a gym teacher pulled her hair during an incident that occurred while waiting in line to have to have school photographs.  The court agreed that the school district and administrators could not be liable for violating the student’s right to substantive due process or that the incident constituted an unlawful seizure.  The Court granted the motion to dismiss and dismissed all constitutional claims under 42 U.S.C. § 1983, along with all state law negligence claims against the District, Superintendent and Principal.





Speaking Engagement “Social Media and Claim Investigation”


Lewis Silverman presented a seminar entitled “Social Media and Claim Investigation” during the New York Association of Independent Adjusters, Inc. (NYAIA) 74h annual convention in Lewiston, New York on September 12, 2014.  The seminar was given to a diverse group of insurance adjusters and industry executives.  The seminar focused on the use of social media during the claim investigation process and included tips on best practices, emerging social media platforms and related legal issues.





Dismissal of Retaliation and Whistleblower Claim


Jerry Smith successfully defended a school district against a former employee’s retaliation and whistleblower claims.  The Eastern District of New York granted a motion to dismiss the complaint pursuant to FRCP 12(b)(6).  This matter involved the claims of a former employee who alleged that her employment had been terminated in retaliation for speaking out about improper activities by co-workers.  The plaintiff also alleged retaliation under State “whistleblower” statutes as well as  breach of contract and breach of implied contract, defamation, libel, libel per se, and stigma plus due process.





Appellate Division, Second Department Affirms Article 78 Decision


Jerry Smith prevailed in a Second Department case that upheld dismissal of an Article 78 Petition.  The claim was brought by four former and current teachers who alleged that they had been improperly denied tenure and seniority credits.  The Supreme Court granted Defendants’ motion to dismiss the action in its entirety and the decision was subsequently affirmed by the Appellate Division, Second Department, after briefing and oral argument.

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