Lehman v. Bergmann Associates, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• dismissing EPA claims where plaintiff alleged no facts “relative to the conclusion that men were paid more than women”
• denying a motion to dismiss a retaliation claim predicated on multiple adverse actions, while holding that certain alleged adverse actions were not materially adverse
• dismissing retaliation claim to extent it was based on constructive discharge, but permitting retaliation claim to proceed as to the plaintiff’s demotion and placement on a PIP
• dismissing claim where plaintiff made only conclusory allegations that male employees were paid more than female employees and failed to allege how her position and that of the comparator were similar
• “New York’s Equal Pay Act is analyzed under the same standards applicable to the federal Equal Pay Act.”
• “How was her position comparable or substantially similar? What responsibilities did they share? Without these facts, courts routinely dismiss EPA claims pled in this formulaic fashion.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

6 cases in this archive cite this case.

• Weinreb v. Xerox Bus. Servs., LLC
  S.D. Illinois· 2018-08-29· cited 26×
• Hughes v. Xerox Corp.
  W.D. New York· 2014-08-13· cited 14×
• Morales v. Bottling Grp., LLC
  W.D. New York· 2019-04-15· cited 6×
• Valleriani v. Route 390 Nissan LLC
  W.D. New York· 2014-09-02· cited 5×
• Lolonga-Gedeon v. Child & Family Services
  W.D. New York· 2015-05-29· cited 2×
• Tolton v. Jones Day
  District of Columbia· 2020-05-19

Cites

32 cases in this archive are cited by this case; the 20 most cited are listed.

• Ashcroft v. Iqbal
  Supreme Court· 2009-05-18· cited 149,772×
• Bell Atlantic Corp. v. Twombly
  Supreme Court· 2007-05-21· cited 146,720×
• Burlington Northern & Santa Fe Railway Co. v. White
  Supreme Court· 2006-06-22· cited 7,269×
• ATSI Communications, Inc. v. Shaar Fund, Ltd.
  Second Circuit· 2007-07-11· cited 2,369×
• Pennsylvania State Police v. Suders
  Supreme Court· 2004-06-14· cited 1,256×
• Patane v. Clark
  Second Circuit· 2007-11-28· cited 1,005×
• Terry v. Ashcroft
  Second Circuit· 2003-07-17· cited 988×
• Yvette Cruz v. Coach Stores, Inc., David Otani, William Betts, Diane Lewis, Sara Lee Corporation, and Herve Heriveaux
  Second Circuit· 2000-01-20· cited 804×
• Tara C. Galabya v. New York City Board of Education
  Second Circuit· 2000-02-07· cited 663×
• Kaytor v. Electric Boat Corp.
  Second Circuit· 2010-06-29· cited 625×
• Feingold v. New York
  Second Circuit· 2004-04-30· cited 605×
• Eugene W. Slattery v. Swiss Reinsurance America Corp.
  Second Circuit· 2001-05-03· cited 593×
• Stella Chertkova v. Connecticut General Life Insurance Co.
  Second Circuit· 1996-08-09· cited 585×
• Jocelyn Whidbee, Shirlene Tranquille v. Garzarelli Food Specialties, Inc., Ed and John Garzarelli, Owners
  Second Circuit· 2000-08-14· cited 549×
• Alfano v. Costello
  Second Circuit· 2002-06-25· cited 536×
• Gregory v. Daly
  Second Circuit· 2001-03-27· cited 523×
• Cruz LOPEZ, Plaintiff-Appellant, v. S.B. THOMAS, INC., Defendant-Appellee
  Second Circuit· 1987-10-22· cited 355×
• Arthur Manoharan, M.D. v. Columbia University College of Physicians & Surgeons
  Second Circuit· 1988-03-10· cited 353×
• Helen A. PENA, Appellee, v. BRATTLEBORO RETREAT, Appellant
  Second Circuit· 1983-03-01· cited 268×
• Sandra BREEDING, Appellant, v. ARTHUR J. GALLAGHER AND CO., Appellee
  Eighth Circuit· 1999-01-15· cited 237×