On July 4, 1776, 243 years ago today, the Declaration of Independence was ratified by Congress. This seminal document, equal if not greater in magnitude and significance to other great historical documents (e.g., the Magna Carta), represents the first formal statement by then subjects of the British Crown of the reasons for proclaiming their reasons…
Read More Happy 243rd Birthday, AmericaChristmas and egg nog go together like, well, Christmas and egg nog. It’s a tasty drink with a few recipe variations. But this isn’t a holiday recipe blog, it’s a legal blog! So I thought I’d share an interesting older (1949) decision I came across. The case is People v Queens Farms Dairy, 90 N.Y.S.2d…
Read More Egg Nog Defendant GuiltyIn Triana v. Sodexo, Inc., 2018 WL 6413151, at *7 (S.D.N.Y., 2018), the court, inter alia, dismissed plaintiff’s First Amendment retaliation claim. The court provides the following summary of the relevant law: Where a plaintiff claims that he or she was retaliated against in violation of the First Amendment, he or she must demonstrate that “(1)…
Read More First Amendment Retaliation Claim DismissedThe Declaration of Independence stands as one of the most profound, influential documents – and break-up notes – of all time. Its opening, well-known to every American schoolchild, states: When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to…
Read More Life, Liberty, and the Pursuit of HappinessToday is Martin Luther King Jr. Day, a federal holiday honoring the life and work of one of the greatest civil rights activists to ever have lived. In his speech (excerpt below), Dr. King states: You are doing many things here in this struggle. You are demanding that this city will respect the dignity of…
Read More Dr. Martin Luther King Jr. on the “Dignity of Labor”As 2017 draws to a close, I would like to take the opportunity to reflect on the prior year. This has been a relatively busy year for the firm. We have continued our fight against injustice in the workplace and in other contexts. We have resolved several cases, and been retained in several additional matters.…
Read More Pospis Law Year In Review: 2017While for many Labor Day is (in addition to being a day off of work) means BBQs, sales, and a festive way to end the summer, the U.S. Department of Labor’s website explains that the federal holiday “is a creation of the labor movement and is dedicated to the social and economic achievements of American…
Read More Happy Labor Day!In Woods v. START Treatment & Recovery Centers, Inc., No. 16-1318-CV, 2017 WL 3044628 (2d Cir. July 19, 2017), the Second Circuit clarified the causation standard for retaliation claims brought under the Family & Medical Leave Act of 1993 (FMLA). One FMLA regulation, 29 C.F.R. 825.220(c), provides: The Act’s prohibition against interference prohibits an employer…
Read More 2d Circuit Adopts “Negative Factor”, Rather Than “But For”, Causation Standard For FMLA Retaliation ClaimsToday is July 4, 2017, the 241st anniversary of the adoption of the Declaration of Independence and the United States’ declaration of national sovereignty. Among the many grievances against King George was one for “depriving us in many cases, of the benefits of trial by jury.” The right to trial by jury – arguably the…
Read More Happy Fourth of July!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.…
Read More Lindsay Lohan’s Civil Rights Action Based on “Grand Theft Auto” Game Dismissed