Blog

Thank you for visiting the Pospis Law Blog (the “Blog”), maintained by Pospis Law, PLLC (the “Firm”). The Blog primarily provides general information regarding legal developments in the areas of employment discrimination, sexual harassment, civil rights, and personal injury. This website’s general disclaimer (which is incorporated by reference) likewise applies to the Blog. 1. Not…

Read More Sticky: About This Blog; Disclaimer
Share This:

In Cline v. Clinical Perfusion Systems, Inc., No. 22-5107, 2024 WL 501616 (10th Cir. Feb. 9, 2024), the U.S. Court of Appeals for the Tenth Circuit, inter alia, held that the plaintiff sufficiently alleged age discrimination, and thus reversed a district court’s dismissal. From the decision: The district court erred by concluding that the FAC…

Read More Age Discrimination Sufficiently Alleged; “Inconsistent Legal Theories” Notwithstanding
Share This:

In J.F. v 110 Grill, No. EF007018/2023, 2024 N.Y. Slip Op. 24038, 2024 WL 608879 (Sup Ct, Feb. 08, 2024), the court denied defendant’s motion to stay the proceedings in this civil case until the conclusion of his criminal proceedings. Here, plaintiff alleges that the defendant sexually harassed her at their place of employment (in…

Read More Court Denies Sexual Harassment Defendant’s Motion to Stay Civil Proceedings Pending Conclusion of Criminal Case
Share This:

In Clifton Park Apartments, LLC v. New York State Division of Human Rights, No. 2, 2024 N.Y. Slip Op. 00793, 2024 WL 628036 (N.Y., Feb. 15, 2024), the New York Court of Appeals explained the “protected activity” and “adverse action” elements of a retaliation claim, in the context of a housing discrimination asserted under the…

Read More NY Court of Appeals Clarifies Retaliation Standard Applicable to Housing Discrimination Claims
Share This:

In Angelis v. Philadelphia Housing Authority, 2024 WL 643142 (E.D.Pa. Feb. 15, 2024), the court, inter alia, dismissed plaintiff’s sex discrimination claims. From the decision: Plaintiff pled that he was a member of a protected class and that he was subjected to an uncomfortable comment from a fellow Network Technician, who stated that “someone has…

Read More Title VII Sex Discrimination Claim Dismissed; One Comment Relating to Failure to Conform to Gender Stereotypes Held Insufficient
Share This:

In Breiding v. High Hopes Films, LLC, No. 152385/2023, 2024 WL 144966, 2024 N.Y. Slip Op. 30135(U) (N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation under the New York State and City Human Rights Laws. From the decision: In order to…

Read More Retaliation Claims Survive Dismissal Against High Hopes Films, LLC
Share This:

In Elgalad v. New York City Department of Education, et al., 2024 WL 621617 (S.D.N.Y. Feb. 14, 2024), the court, inter alia, denied defendants’ motion for summary judgment on his retaliation claims asserted under the New York State and City Human Rights Laws. After summarizing the “black letter” law as to this claim, the court…

Read More Teacher’s Retaliation Claims Survive Summary Judgment, in Part
Share This:

In Dixon v. City of New York, No. 161050/2022, 2024 WL 580659 (N.Y. Sup Ct, New York County Feb. 13, 2024), the court, inter alia, dismissed plaintiff’s retaliation claim asserted under the New York City Human Rights Law. From the decision: With respect to plaintiff’s retaliation claim, the court notes that plaintiff proffers no arguments…

Read More Court Dismisses Retaliation Claim, Citing Lack of Specificity as to When Plaintiff Voiced Complaints of Discrimination etc.
Share This:

In S.S v. Diocese of Brooklyn, No. 523927/2019, 2024 WL 515477 (N.Y. Sup Ct, Kings County Feb. 05, 2024), the court, inter alia, denied defendants’ motion to strike “scandalous” language from plaintiff’s complaint. From the decision: Defendants move by Notice of Motion seq. 002 for an order striking scandalous and unnecessary language from the complaint…

Read More “Scandalous” Language, Pertaining to History of Concealment of Alleged Priest Sexual Abuse, Was Pertinent to Claims and Thus Not Stricken, Court Rules
Share This:

In Ruiz v. Armstrong, No. 508834/2017, 2024 WL 514006 (N.Y. Sup Ct, Kings County Feb. 02, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race and national origin discrimination asserted under the New York State and City Human Rights Laws. From the decision: [A]t the motion to dismiss phase, a…

Read More Terminated Hispanic Teacher Sufficiently Alleges Race/National Origin Discrimination, Court Holds
Share This:

In Ferrara v. Sterling, Inc., No. 23-0454-cv, 2024 WL 485742 (2d Cir. Feb. 8, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment to defendant on plaintiff’s age-based hostile work environment claims. The court held that even if the plaintiff had established the existence of a…

Read More Application of Faragher/Ellerth Defense Justifies Summary Judgment Dismissal of Age-Based Hostile Work Environment Claims, Second Circuit Holds
Share This: