Articles Posted in Civil Cases

When it comes to the issue of sexual harassment in the workplace, the world seems to have turned upside down over the past few months: we’ve heard stories from the entertainment world about Harvey Weinstein and Kevin Spacey, and in politics about Al Franken and John Conyers – and dozens more.  What used to be taken for granted as simply obnoxious behavior in the workplace is now unacceptable and actionable – and that is where a top New York sexual harassment attorney comes into play.  Simply put, society today does not take kindly to groping, forcible touching, rape and sexual assault or even sexual talk in the workplace.  Consensual sexual relations between a boss and an employee can be a form of sexual harassment if the sexual contact is a condition of the employment.  Finally, if you have been given a sexually transmitted disease (STD) by your employer or supervisor, you may be able to sue for damages.  In all of these cases, finding the best New York sexual harassment attorney to help you navigate these very uncomfortable waters is crucial to getting you justice and a monetary award or settlement for your damages. Continue reading

The Law Offices of Jeffrey Lichtman has sued Mount Sinai St. Luke’s Hospital for negligently faxing over our client’s HIV diagnosis to his office’s fax machine at the Actors Equity Association, despite his previously requesting in writing that the entirety of his medical records be sent to his private post office box or home.  The hospital was investigated by the United States Department of Health and Human Services and found to have made this same mistake before with a patient’s HIV status; after admitting its responsibility in violating our client’s rights under the Health Insurance Portability and Accountability Act (HIPAA) and paying a $387,000 fine, the hospital refuses to even enter settlement negotiations with our client over the damages he suffered due to their negligence.  Left with no other recourse, we brought this lawsuit. Continue reading

The recent news about R & B singer Usher being sued for $10 million for knowingly infecting a woman with herpes comes on the heels of the disclosure of a $1.1 million settlement he paid in 2012 for the same transgression – and now reports are out that Usher may have infected multiple women with herpes who are now coming forward, presumably to initiate litigation against him.  Recently we sued a movie producer/director who infected our client for $5 million – his then girlfriend – with herpes.  As detailed in our lawsuit, the defendant had previously received a herpes diagnosis and had unprotected sex with our client, even though she had pointedly asked him previously whether he had any sexually transmitted diseases – and he denied that he did.  Sure enough, she tested positive for the herpes simplex virus type 2 soon after; her former boyfriend’s excuse?  “I thought I told you.”  Our lawsuit was filed in Richmond County Supreme Court (Staten Island) and with the civil complaint we annexed the confirming text messages between the parties in which the defendant admitted what he had done. Continue reading

fata-300x203Time and time again, clients have hired us due to false accusations of rape or assault by people they know: an angry ex, a soon to be former wife, a college date feeling remorseful after a night of sex – or just some stalker hoping to extort our client out of some money with the threat of going to the police with a tall tale.  Traditionally, we have investigated the cases immediately and gotten the cases tossed out, cases as serious as Assault in the First Degree (New York Penal Law § 120.10) and Rape in the First Degree (New York Penal Law § 130.35), both punishable by up to decades in prison.  But lately we have done more than simply get the cases tossed out: we have gone after the accusers both civilly and criminally.  In some instances, additionally, we have gotten the accusers arrested before they could even make good on their threat to bring a false accusation to law enforcement if an extortion payment was not made by our client.  Such serious, but false, accusations are deeply hurtful, damaging – and potentially life-altering.  They require more than fighting off the prosecutor’s criminal charge since the accuser, despite making a false accusation, will otherwise suffer no harm once the case is dismissed.  By getting the complainant arrested or sued for damages, you can be sure that your accuser will never be heard from again – which is exactly what you want and need.  Continue reading

The Law Offices of Jeffrey Lichtman has sued a man who knowingly exposed and infected our client with HSV Type 2 (genital herpes) as well as the HPV virus.  Filed in Supreme Court in Richmond County, New York, we seek damages for fraud, negligence, battery, negligent infliction of emotional distress and for future medical expenses caused by the defendant’s tortious actions.  As the evidence will come out at trial, our client was dating a man who knew he had genital herpes and had been taking medication for it — and knowingly transmitted the disease to our client, even going so far as to lie about the reason he had a bandage on his penis (to cover up a herpes breakout) prior to engaging in unprotected sex.  Despite being asked if he was disease-free, the defendant continued the charade up until our client tested positive for genital herpes and the HPV virus; when confronted about not telling our client about his various venereal disease, the defendant simply claimed that he “thought [he] did.”   Continue reading

Sexual harassment in the workplace is bad enough if it comes from a coworker; but what if it comes from a supervisor or even the CEO of your company?  A victim of unwanted sexual innuendo and advances from a coworker can easily deflect and reject – and even report – this illegal behavior.  But what if the offender is the CEO of your company, and you know full well that coming forward and making a report of his behavior to Human Resources will get you nowhere — and may cost you your livelihood?  Instead of presuming you need to just suffer the abusive behavior in order to keep your job, you should hire the best New York Sexual Harassment attorney you can find and enforce your legal rights not to be abused in the workplace.  As we have learned recently from Gretchen Carlson’s $20 million settlement with Fox News due to the alleged sexual harassment by Fox chairman Roger Ailes, you can stand up for yourself and fight this sort of illegal and demeaning behavior, even if it means you have to challenge the CEO of your company.  Continue reading

Hostile work environment sexual harassment exists occurs where an employee is subject to offensive comments, discrimination, bullying or sexually verbal behavior in the workplace.  Anytime an employee in the workplace feels intimidated, scared or uncomfortable due to the actions or words of a coworker, a hostile work environment can be alleged.  A hostile work environment can include conduct sexual in nature which is severe enough to create an offensive working environment and fulfill a claim for hostile workplace sexual harassment.  In order for a legal claim to exist on the basis of a hostile work environment, the offending conduct need be severe or pervasive in the workplace.  One offensive comment will not suffice; the environment need be intimidating, hostile, or offensive to reasonable people.  Continue reading

Quid pro quo sexual harassment (translated from Latin as “this for that”) occurs when an employer or supervisor asks or suggests through physical conduct that an employee perform sexual favors in return for some benefit at work, such as favorable performance reviews, desirable work shifts or promotions.  The suggestion of sexual favors in exchange for avoiding an adverse employment action, such as a poor performance review or even termination, is also an example of quid pro quo sexual harassment.  In any case, quid pro quo sexual harassment is illegal under both federal and many state laws.  Legal remedies include compensatory damages to recover lost wages, benefits or opportunities; reinstatement to the victim’s former position if they were terminated; and monetary damages due to pain and suffering or emotional distress.  Contact a top New York sexual harassment attorney if you believe you are a victim of quid pro quo sexual harassment. Continue reading

During just this past year, we have successfully represented a number of women who have been sexually harassed in the workplace – and a number of men criminally accused of sexual assault either in the workplace or in school.  In both scenarios, a dominant theme emerged: documenting the assault or harassment is crucial to the success of your case in both the civil and criminal contexts.  Because these cases often are boiled down to a “he said/she said” scenario, the existence of indisputable, supporting, documented evidence can make the difference between a huge financial settlement and pennies – and a decades long jail sentence compared to an investigation which does not even result in the filing of criminal charges.   Continue reading

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Over the past ten days, both Congress and New York state have outlawed automated ticket purchasing software, known as “bots” designed to stop ticket brokers from buying up all the good seats to concerts, sports games and Broadway shows and preventing the tickets from reaching the ticket-buying public.  As ticket brokers are not particularly popular due to the general public’s inability to purchase tickets to events at face value, there was very little opposition to the new laws which heavily increase the penalties for those who use computer software to bypass security controls on a retail ticket selling platform in order to get around ticket purchasing limits or other stated ordering rules.  In New York state, additionally, the new law criminalizes the use of ticket-purchase software to purchase seats.  As these new laws are potentially devastating both financially and criminally (in the case of the New York bot law), ticket brokers who receive a subpoena for records or are a target of a criminal or civil investigation for use of bots are wise to engage experienced lawyers who since 1991 have represented ticket brokers in battles against the federal government, New York’s Attorney General’s office and Consumer Affairs on issues relating to the ticket scalping business. Continue reading