Russian sopranos case alleging national origin discrimination against the Met Opera to proceed
The decision by U.S. District Judge Analisa Nadine Torres in Manhattan was made public Wednesday, a day after it was issued. The case, which will proceed alongside Netrebko's claim of gender discrimination, has yet to be scheduled for trial.
The Met said in a brief statement that the case 'was reinstated on technical grounds' and expressed confidence that Netrebko's claims would not succeed.
Met General Manager Peter Gelb had demanded that she repudiate Putin shortly after Russia invaded Ukraine in February 2022, but she refused and was withdrawn from three Met productions. The Met replaced her with Ukrainian soprano Liudmyla Monastyrska in at least one of those productions.
'Together with our recent request to add new claims for retaliation and defamation based on Peter Gelb's renewed public campaign to disparage Ms. Netrebko, this decision sends a powerful message that Ms. Netrebko will continue to stand up for her rights as an artist," the singer's lawyer, Julie Ulmet, said in a statement.
Last August, Torres dismissed the performer's national origin discrimination claim, when she also threw out allegations of defamation and breach of contract. But in her latest decision, the judge wrote that the 'allegations support the inference that Netrebko's replacement by non-Russian artists occurred under circumstances giving rise to at least a 'minimal' inference of discrimination.'
The American Guild of Musical Artists filed a grievance on Netrebko's behalf and arbitrator Howard C. Edelman ruled in February 2023 that the Met violated the union's collective bargaining agreement when it canceled deals with Netrebko for three productions. Edelman awarded compensation the union calculated at $209,103.48.
Torres allowed Netrebko to proceed with her separate allegation of gender discrimination under the New York State Human Rights Law and New York City Human Rights Law. She said the Met treated Netrebko's male counterparts with connections to Putin and the Russian government more favorably. She cited bass-baritone Evgeny Nikitin and baritones Igor Golovatenko and Alexey Markov, who have continued to sing at the Met.
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Economic Times
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"It's a big number that will send shock waves to others in the industry," said financial analyst Dan Ives of Wedbush Securities. "It's not a good day for Tesla." Tesla said it will appeal. Even if that fails, the company says it will end up paying far less than what the jury decided because of a pre-trial agreement that limits punitive damages to three times Tesla's compensatory damages. Translation: $172 million, not $243 million. But the plaintiff says their deal was based on a multiple of all compensatory damages, not just Tesla's, and the figure the jury awarded is the one the company will have to pay. It's not clear how much of a hit to Tesla's reputation for safety the verdict in the Miami case will make. Tesla has vastly improved its technology since the crash on a dark, rural road in Key Largo, Florida, in 2019. But the issue of trust generally in the company came up several times in the case, including in closing arguments Thursday. The plaintiffs' lead lawyer, Brett Schreiber, said Tesla's decision to even use the term Autopilot showed it was willing to mislead people and take big risks with their lives because the system only helps drivers with lane changes, slowing a car and other tasks, falling far short of driving the car itself. Schreiber said other automakers use terms like "driver assist" and "copilot" to make sure drivers don't rely too much on the technology. "Words matter," Schreiber said. "And if someone is playing fast and lose with words, they're playing fast and lose with information and facts." Schreiber acknowledged that the driver, George McGee, was negligent when he blew through flashing lights, a stop sign and a T-intersection at 62 miles an hour before slamming into a Chevrolet Tahoe that the couple had parked to get a look at the stars. The Tahoe spun around so hard it was able to launch Benavides 75 feet through the air into nearby woods, where her body was later found. It also left Angulo, who walked into the courtroom Friday with a limp and cushion to sit on, with broken bones and a traumatic brain injury. But Schreiber said Tesla was at fault nonetheless. He said Tesla allowed drivers to act recklessly by not disengaging the Autopilot as soon as they begin to show signs of distraction and by allowing them to use the system on smaller roads that it was not designed for, like the one McGee was driving on. "I trusted the technology too much," said McGee at one point in his testimony. "I believed that if the car saw something in front of it, it would provide a warning and apply the brakes." The lead defence lawyer in the Miami case, Joel Smith, countered that Tesla warns drivers that they must keep their eyes on the road and hands on the wheel, yet McGee chose not to do that while he looked for a dropped cellphone, adding to the danger by speeding. Noting that McGee had gone through the same intersection 30 or 40 times previously and hadn't crashed during any of those trips, Smith said that isolated the cause to one thing alone: "The cause is that he dropped his cellphone." The auto industry has been watching the case closely because a finding of Tesla's liability despite a driver's admission of reckless behaviour would pose significant legal risks for every company as they develop cars that increasingly drive themselves.
