En Banc Second Circuit Reinstates Conviction Despite Government Retention of ESI
Funds Talk: June 2016
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On June 14, 2012, Kramer Levin won the dismissal of a disability discrimination claim for client Madison Square Garden. A federal judge in the Southern District of New York granted in its entirety the motion to dismiss the claim filed by former New York Knick Cuttino Mobley. Mr. Mobley had claimed that shortly after being acquired in 2008, the Knicks forced him to retire due to a heart condition. Judge Deborah A. Batts ruled that Mr. Mobley had not proven that he could perform his job after being diagnosed, that the Knicks did not have to offer an accommodation if they felt that his condition posed a “direct threat to him,” and that Mr. Mobley’s proposed accommodation (the implantation of a defibrillator) was unreasonable as a matter of law. Employment Law partner Kevin B. Leblang, special counsel Steven M. Knecht and associate Eliza A. Kaiser represented Madison Square Garden. The case was covered in the Law360, The New York Times, Daily News and Newsday.