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United States v, Powell, 15-CR-382

In this sentencing opinion, Judge Jack B. Weinstein deals with overcharging.  A five-year minimum sentence must be imposed on a minor drug seller-addict with borderline intelligence and deep psychological problems who has repeatedly tried to commit suicide.

Defendant was charged with conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin.  A statutory minimum custodial sentence of 10 years applies.  After plea negotiations, he agreed to plead guilty to a lesser-included charge of conspiracy to distribute at least 100 grams of heroin, which carries a statutory minimum prison sentence of five years.  The court believed a five-year term was excessive, and that defendant lacked competence to plead.  Nevertheless, it accepted the plea and sentenced defendant to five years in prison, as a practical matter to save him from a 10-year sentence had he gone to trial.



The attached decision by Judge Jack Weinstein holds that without violating age discrimination protections, an employer may give substantial weight to board certifications of medical candidates in hiring or in advertising job openings.
Plaintiff, Jill S. Meyer, a non-board certified psychiatrist, brings this action against the United States Department of Veterans Affairs (“VA”) pursuant to the Age Discrimination in Employment Act.  Alleged are age discrimination and retaliation.  The VA hired younger, board certified psychiatrists, rather than plaintiff. 
Defendant’s motion for summary judgment is granted. 


Dash v. Board of Educ. of City School Dist. of New York 15-CV-2013
A female principal allegedly created a licentious aura in a public school, resulting in harm to plaintiff, then an assistant principal.  He is an African American male formerly employed by the Board of Education of the City School District of New York.  He alleges that that he was subjected to disparate treatment; suffered a hostile, sexually charged work environment based upon his race and gender; and was punished in retaliation for complaining.

Defendant moves for summary judgment on all claims.  The motion is granted in part.  Only the charge of a hostile work environment will be tried.  A jury can evaluate the evidence in the context of current community standards of appropriate working relationships.


15-CV-2909 and 15-CV-2928

Armstrong & Kurtz v. Costco Wholesale Corp. & Nice-Pak Prods., Inc., 15-CV-2909
Palmer & Palmer v. CVS Health & Nice-Pak Prods., Inc., 15-CV-2928. 

Five separate but related class actions are before the court.  They are brought by consumers who purchased moist toilet wipes sold by retailer defendants, produced by manufacturer defendants, and marked “flushable.”  Alleged are defects in labeling.  Plaintiffs seek money damages and injunctive relief because they claim the product is not “flushable.”  A hearing was conducted on February 2 and 3, 2017 concerning possible transfer of two cases, among other issues and cases.  None of the parties in the Palmer (15-CV-2928) (Maryland) and Armstrong (15-CV-2909) (Oregon) cases moved to transfer.  But, the court decided sua sponte to transfer these two cases to the United States District Court for the District of Maryland and the United States District Court for the District of Oregon, respectively.  Factual differences and differences in state law favor a transfer of venue..