Cathy Seibel

Tomlins v. Village of Wappinger Falls Zoning Board of Appeals

District Court, S.D. New York · 2011-07-08 · cited 40×

The case concerns a homeowner's disputes with a village zoning board and code enforcement officials over building permits, stop-work orders, and variance applications for alterations to her house, which she had expanded over time while operating a day care. After the board revoked her permits and certificate of occupancy, she successfully challenged part of that decision in state court under Article 78, then faced repeated denials of further permits and variances. She sued in federal court alleging First Amendment retaliation by the board and a code officer for her prior litigation and advocacy. On the defendants' motion for summary judgment, the court analyzed the retaliation claims, finding triable issues of fact based on circumstantial evidence including procedural irregularities, disparate treatment of her applications compared to others, and a pattern of antagonism, while noting that other harm beyond speech chilling was alleged.

propertyfree speechcivil rightsprocedure

Schlenger v. Fidelity Employer Services Co., LLC

District Court, S.D. New York · 2011-03-31 · cited 10×

In this case, plaintiff Susan Schlenger sued her former employer IBM for alleged misrepresentations during hiring regarding variable pay and relocation benefits, and sued MetLife and Fidelity over the denial of disability benefits and related claims after she developed back pain and other medical issues while employed. The court granted MetLife's motion for summary judgment on the claims against it and on its counterclaim, granted Fidelity's motion for summary judgment on the claims against it, denied the plaintiff's cross-motion for summary judgment and request for attorneys' fees, and granted IBM's motion to dismiss the claims against it under Rules 12(b)(6) and 9(b) while granting leave to amend. These rulings rested on the absence of genuine disputes of material fact supporting the benefit claims, the plaintiff's actual notice of employment terms that contradicted her allegations, and the failure to adequately plead elements such as fraudulent intent or necessary accommodations for disability discrimination.

labor & employmentcivil rights

Eaves v. Designs for Finance, Inc.

District Court, S.D. New York · 2011-03-30 · cited 62×

The case involved plaintiffs Leland Eaves and his Florida company Cando, who joined the BETA Plan marketed by defendants Designs for Finance, Moritt Hock law firm, and Prusky Law as a legitimate multiple-employer welfare benefit plan allowing tax deductions for contributions under IRC Section 419A(f)(6). Plaintiffs claimed the defendants promoted it despite knowing it was an illegal tax shelter, failed to warn of 2003 IRS regulatory changes that recharacterized it as deferred compensation and eliminated deductibility, and caused them tax-related harm after they contributed $40,000 annually from 2001 to 2007. The court granted defendants' motions to dismiss the second amended complaint asserting RICO, fraud, negligence, contract, and New York deceptive practices claims. Dismissal rested on statute of limitations bars for several claims, failure to adequately plead elements like reliance or consumer-oriented conduct, and lack of a New York transaction for the Section 349 claim.

taxesbusiness & regulatoryprocedure

Carroll v. City of Mount Vernon

District Court, S.D. New York · 2010-04-26 · cited 6×

Jackler v. Byrne

District Court, S.D. New York · 2010-02-11 · cited 6×

Riverkeeper, Inc. v. Mirant Lovett, LLC

District Court, S.D. New York · 2009-12-15 · cited 13×

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Cathy Seibel

Affiliations

Decision record