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In Gravano v. Take-Two Interactive Software, Inc., 2016 NY Slip Op 05942 (App. Div. 1st Dept. Sept. 1, 2016), the court held that the claims asserted by plaintiffs Lindsay Lohan and Karen Gravano against the makers of the “Grand Theft Auto V” video game under New York Civil Rights Law § 51 should have been dismissed. Ms. […]

Sticky: About This Blog; Disclaimer

by mjpospis on December 26, 2015

in Uncategorized

Thank you for visiting the Pospis Law Blog (the “Blog”), maintained by Pospis Law, PLLC (the “Firm”). The Blog primarily provides general information regarding developments in the New York law in our primary practice areas of employment discrimination, sexual harassment, and personal injury. In addition to our general website disclaimer (which is incorporated by reference), the following […]

Happy Thanksgiving!

by mjpospis on November 26, 2015

in Uncategorized

If you’re thinking about celebrating this Thanksgiving by dressing up as a turkey and protesting the commercialism of holidays, you should first read People v. Pettigrew, 69 Misc. 2d 985, 332 N.Y.S.2d 33 (Dist. Ct. Suffolk Cty. 1972). In that case, defendant was arrested and charged with committing the offense of disorderly conduct in violation […]

Lawyer Demands “Trial by Combat”

by mjpospis on August 9, 2015

in Uncategorized

In the movie “A Civil Action”, the protagonist says Lawsuits are war. And they begin the same way. With a declaration of war: the complaint. Examples of the litigation/war analogy are everywhere: war/fighting-related language and logo imagery are common features of attorney websites; law firms often have “war rooms”; tales of litigation exploits by experienced attorneys […]

SCOTUS Legalizes Same-Sex Marriage

by mjpospis on June 26, 2015

in Uncategorized

In Obergefell v. Hodges, No. 14-556, 2015 WL 2473451 (U.S. June 26, 2015), the U.S. Supreme Court legalized same-sex marriage. The U.S. Court of Appeals for the Sixth Circuit held that “a State has no constitutional obligation to license same-sex marriages or to recognize same-sex marriages performed out of State.” Justice Kennedy reversed that decision, holding that the […]

An upstate appellate court recently held – despite contrary suggestions in popular culture – that chimpanzees are not “persons” (at least not in the legal sense). In People ex rel. Nonhuman Rights Project, Inc. v. Lavery, the court affirmed the dismissal of a habeas corpus proceeding to secure the release of a chimpanzee named Tommy. Specifically, it addressed […]

“Dognapped” Bulldog Returned to Owner

by mjpospis on November 10, 2014

in Uncategorized

Every so often I am given the opportunity to handle cases outside my usual practice areas that I find interesting and that, most importantly, give me a chance to right a wrong. One such case involved a female English bulldog/movie star named “Chunk” (pictured), in which the plaintiff retained me to recover Chunk from her ex-boyfriend who took, […]

In American Atheists v. Port Authority of New York and New Jersey, the Second Circuit yesterday affirmed the district court’s March 28, 2013 dismissal of a lawsuit challenging the display in the National September 11 Museum of a cross-shaped beam (known as the “Cross at Ground Zero”) recovered from the World Trade Center wreckage. Plaintiffs […]

“‘You’re an asshole[]’ is not how an attorney should address her adversary.” That is the opening line of federal judge James C. Francis IV’s Order in Alexander Interactive v. Adorama, 12-6608, 2014 WL 2968528 (SDNY June 26, 2014). This decision serves as a reminder to attorneys to conduct themselves in a civil manner. This case arises […]

God on Money OK, Says Second Circuit

by mjpospis on May 30, 2014

in Uncategorized

In a May 28, 2014 decision, the Second Circuit Court of Appeals held, in Newdow v. Peterson, that the inclusion of the phrase “In God We Trust” on U.S. currency – which is mandated by two federal laws, 31 USC sections 5112(d)(1) and 5114(b) – does not violate the First Amendment’s Establishment or Free Exercise […]