Author: mjpospis

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In Badiak v. Education and Assistance Corp., 2011 WL 233901 (E.D.N.Y. Jan. 24, 2011), Plaintiff asserted several causes of action (under federal and state law) alleging age discrimination, retaliation, and hostile work environment against her former employer, a non-profit agency that provided “educational, vocational, counseling, mediation and intervention services” and ran “learning centers” that functioned as “alternative high school programs…

Read More Section 1983 Claim Against Private School Dismissed Because Complained-Of Acts Were Not Committed Under Color of State Law
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Plaintiff was injured after her son-in-law’s dog knocked her down.  Supreme Court (Kings Cty.) denied defendant’s, and granted plaintiff’s, respective motions for summary judgment.   (See Bannout v. McDaniels, 9920/09 (NYLJ 1202479668419, at *1)). The court denied defendant’s motion for summary judgment – which was premised on plaintiff’s failure to offer evidence that an “insufficient handrail” proximately…

Read More Bad Dog! Summary Judgment for Woman Knocked Down by Overenthusiastic Pooch
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Field v. Grant, 10-23898 (Sup. Ct. Suffolk Cty. 2010): After attorney Gary P. Field discovered that someone was anonymously posting comments about him on two websites (Ripoff Report and LawyerRatingZ), Field sued the suspected author of the posts – Robert Grant, the ex-husband of one of Field’s clients – for defamation. The postings included statements…

Read More Lawyer’s Defamation Suit Over Online Insults Dismissed; Allegedly Defamatory Comments Constituted Non-Actionable Opinion
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On January 24, 2011, the U.S. Supreme Court (in an opinion authored by Justice Scalia) unanimously held that an employee (Eric Thompson), who was fired after his fiancee Miriam Regalado filed an EEOC charge alleging sex discrimination, could assert a claim for retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C.…

Read More Supreme Court Permits Fired Fiance to Maintain Title VII Retaliation Suit
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