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Trial | Beranbaum Menken LLP Blog

Archive for the 'Trial' Category

Whistleblower To Go To Trial

On April 27, 2009, United States District Court Judge Shira Scheindlin held that Christine Anderson, an attorney working six years for the State of New York’s Appellate Division, First Department’s Departmental Disciplinary Committee (DDC), may proceed to trial with her whistleblowing claim that she was fired in retaliation for claiming that her superiors were “whitewashing” cases of attorney misconduct. In a 64-page opinion, the Court found that Ms. Anderson’s charge that the DDC had whitewashed as many as nine cases touched upon a subject of public concern and was protected under the First Amendment of the U.S. Constitution. The Court, however, dismissed Ms. Anderson’s claim that she was discriminated against because of her race (black) and national origin (Jamaican). The opinion dealt with important matters of First Amendment protection for public employees and was the featured article in the April 30, 2009 edition of the New York Law Journal. A conference is to be held May 9, 2009 to set a trial date. Ms. Anderson is represented by John A. Beranbaum

Victory to Report

In October 2008, Eugenie Gilmore, of the Law Office of Eugenie Gilmore, and BMBB’s John A. Beranbaum, tried a case in the United States District Court for the Southern District of New York, Judge Victor Marrero presiding, on behalf of two former employees of the Department of Information Technology and Telecommunications, a City of New York agency. The plaintiffs claimed that the agency failed to re-hire them during a restructuring in unlawful retaliation for their having previously sued the agency for racial discrimination, or having assisted in such a suit. (One of the plaintiffs also alleged he was not re-hired because of his diabetes). After trying the case for six days, and immediately before summations were to be delivered, the City agreed to pay the plaintiffs $400,000 to settle the case. See Stewart and Kalembwe v. Department of Information Technology and Telecommunications, 04 CV 10179.