This Week's Civil Cases to Watch at the Court of Appeals

Monday, March 22nd

Zakrzewska v The New School - "the question in this federal lawsuit is whether an affirmative defense to employer liability, adopted by the U.S. Supreme Court for workplace harassment claims brought under Title VII of the Civil Rights Act of 1964, applies to sexual harassment and retaliation claims brought under the New York City Human Rights Law (NYCHRL)."

Tuesday, March 23rd

Hurrell-Harring v State of New York - "this action, filed as a proposed class action in 2007 by 20 plaintiffs who are or were represented by assigned counsel in criminal cases, seeks a declaration that New York's public defense system, which is primarily funded and administered by counties, fails to assure effective assistance of counsel for indigent criminal defendants as required by the State and Federal Constitutions. "

Adams v Genie Industries, Inc. - products liability action addressing (1) whether after a product affecting human safety has been sold and the manufacturer becomes aware of dangerous design defects, the manufacturer has a duty to remedy the defects or, if that is not feasible, provide adequate warnings to minimize the danger; and (2) whether New York law requires products liability plaintiffs to “show that a safer alternative design was actually available at the time of sale, and not merely that a safer design was theoretically feasible.”