Author: mjpospis

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I fondly remember, in Miss Schmidt’s fourth grade class, the pride I felt when I “passed” the cursive writing “test” and was rewarded with a ball point pen. Good times. In today’s electronic age, cursive writing is less relevant than it has been in the past. One article even suggests, by reference to the Zimmerman…

Read More Claims Adjuster’s Email Sufficient to Enforce Settlement Agreement
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Below is the complaint recently filed in New York state court by three female plaintiffs against various Merrill Lynch entities.  More information on this (for example) here and here. Plaintiffs allege discrimination in violation of the New York City Human Rights Law (NYCHRL), following the non-prejudicial dismissal of those claims from plaintiffs’ federal lawsuit.  (You can…

Read More Lawsuit: “Boys Club” Alive and Well at Merrill Lynch
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A recent Southern District decision, Brown v. City of New York, outlines conduct that could easily form a roadmap for a corporate sexual harassment training course (in the “what not to do” sense). There, New York City employee Sheila Brown sued the City of New York, alleging (under Title VII of the Civil Rights Act of 1964…

Read More Conduct of Aggressive, Masturbating Misogynistic Co-Worker Results in Denial of Summary Judgment for Defendant on Sexual Harassment Claims
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In Gautier v. 941 Intervale Realty LLC, 2013 NY Slip Op 05432, 108 AD3d 481 (July 23, 2013), a stairway slip-and-fall case, the court affirmed the denial of summary judgment to defendant. Defendant moved for summary judgment on the ground that it neither created nor had actual or constructive notice of the hazard.  In support, it cited…

Read More Summary Judgment Properly Denied to Defendant in Slip/Fall Case; No Evidence That Janitorial Schedule Was Followed on Day of Incident
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A recent Second Circuit decision provides guidance on the appropriate standard to be applied in cases involving deadly police force against a suspect.  The case is Rasanen v. Brown et al., 12-680-cv, 2013 WL 3766538 (July 19, 2013). During a warranted search of John Rasanen’s home, defendant NYS trooper Brown shot and killed Rasanen.  The administrator…

Read More Citing Flawed Jury Instructions, Second Circuit Vacates Decision Denying Plaintiff New Trial in Fatal Police Shooting Case
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Admit it:  you’ve fantasized about doing this. Below is the complaint filed by Willian Barboza in June, captioned Willian Barboza v. Detective Steven D’Agata and Police Officer Melvin Gorr, 13-cv-4067 (SDNY June 13, 2013).  Plaintiff alleges: In August 2012, plaintiff Willian Barboza paid by mail a traffic ticket that he received while driving through the Village…

Read More Traffic Ticket Profanity Results in First Amendment Lawsuit
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In the recent case of Matter of John W. Danforth Group, Inc., the Western District of New York considered, and rejected, a company’s petition under Federal Rule of Civil Procedure 27 to perpetuate evidence in anticipation of an as-yet unfiled employment discrimination action against it. Under limited circumstances, a potential party to litigation can obtain discovery…

Read More Employer, Anticipating Sexual Harassment Suit, Denied Pre-Lawsuit Discovery From Prospective Plaintiff’s “Facebook Friend”
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Your best bet for avoiding a cell phone-related ticket in New York?  Put the thing down while the car is running – even when stopped at a red light. One court (the Town Court of the Town of Brighton, Monroe County) recently held that a car stopped at a red light is still “in motion”…

Read More Car Is “In Motion” When Stopped at Red Light For Purposes of New York’s Cell Phone Driving Statute
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