August 29, 2013 – Pospis Law, PLLC

August 29, 2013 by mjpospis

Dismissal of “Marginal” Case Based on “Workplace Gossip” Results in Taxation of Costs Against Discrimination Plaintiff

A recent Eastern District decision, Butler v. Coca-Cola, 12 Civ. 1791 (Aug. 26, 2013), illustrates the risks inherent in litigation in general and employment litigation in particular. There, the court taxed costs against plaintiff in the amount of $2,800.64 following its dismissal, on summary judgment, of plaintiff’s Section 1981 hostile work environment and retaliation claims. Citing the…

Apartment Building Elevator Not a “Public Place” Under NYC Open Container Law

A Bronx Criminal Court judge recently concluded, in People Chavez, that “the common areas inside a residential apartment building, including its elevators, do not constitute a “public place” as defined by New York City’s “open container law”, New York City Administrative Code § 10–125. Defendant was charged with, inter alia, Resisting Arrest and Obstructing Governmental Administration…