Articles Posted in Civil Cases

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

hamilton
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

If you have been sexually assaulted in New York – whether it be at the hands of a loved one, an acquaintance or a stranger – navigating the New York criminal and civil court systems can be difficult.  Considering what you’ve already been through, dealing with red tape and rushed prosecutors does not exactly make your struggle any easier.  As the best New York sexual assault victim lawyers know, there are a number of things you need do right away – and other things you need to think about going forward.   Continue reading

Last week, the Law Offices of Jeffrey Lichtman along with the Law Office of Marc Fernich filed a notice of claim against the New York City Police Department on behalf of the wife and mother of George Tillman, charging wrongful death and excessive force by the NYPD officers who gunned Mr. Tillman down after he was initially spotted drinking from an open container in Queens in April of this year.  Chasing Mr. Tillman down the street, multiple police officers opened fire when they claimed Mr. Tillman pulled a gun on them.  Not a single, non-police witness has claimed Mr. Tillman possessed a weapon that night and no one present at the scene heard officers scream at Mr. Tillman to drop any gun.  Instead, the officers opened fire, hitting him with more than 10 shots – without a single shot fired by Mr. Tillman.  Continue reading

As shown in the media, more and more men and women are complaining about being sexually harassed in the workplace by their employers – including even being sexually assaulted.  If you are the victim of such offensive behavior, you are not without options: some of the best New York sexual harassment attorneys can assist you in not only stopping the offensive behavior but also in getting you compensation for your damages and possibly other related damages for pain and suffering or emotional distress.   This behavior is offensive and troubling; you should fight back with a lawyer who will not back down. Continue reading