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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 Claims
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Today 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!
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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
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In Orellana v. Macy’s Retail Holdings, Inc., 2016 Slip Op 31206(U) (Sup. Ct. N.Y. Cty. June 27, 2016), the court preliminarily enjoined Macy’s “from demanding payment of civil penalties from individuals suspected of shoplifting while they are in Macy’s custody.” This case addresses the intersection between two sections of New York law: General Business Law §…

Read More Court Preliminarily Enjoins Macy’s From Demanding Payments From Suspected Shoplifters During Detention
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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
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If you’re thinking about celebrating this Thanksgiving by dressing up as a turkey and protesting the commercialism of holidays, you should first read People v. Pettigrew, 69 Misc. 2d 985, 332 N.Y.S.2d 33 (Dist. Ct. Suffolk Cty. 1972). In that case, defendant was arrested and charged with committing the offense of disorderly conduct in violation…

Read More Happy Thanksgiving!
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In Uzoukwu v. City of New York, No. 13-3483-CV, 2015 WL 6742739 (2d Cir. Nov. 5, 2015), a false arrest/excessive force case, the Second Circuit vacated a judgment entered following a jury verdict for defendants. The facts, briefly: Plaintiff was sitting on a park bench near a playground. Park rules prohibited adults unaccompanied by children…

Read More Second Circuit Revives False Arrest Case Following Improper Jury Instruction on “Obstruction of Governmental Administration”
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In the movie “A Civil Action”, the protagonist says Lawsuits are war. And they begin the same way. With a declaration of war: the complaint. Examples of the litigation/war analogy are everywhere: war/fighting-related language and logo imagery are common features of attorney websites; law firms often have “war rooms”; tales of litigation exploits by experienced attorneys…

Read More Lawyer Demands “Trial by Combat”
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In People v. Gonzalez, 2015 Slip Op 05515 (June 25, 2015), the New York Court of Appeals held that a motion to suppress an illegal knife should have been granted, where the basis for the initial police stop – “disorderly conduct”, codified at NY Penal Law § 240.20(3) – was not supported by probable cause.…

Read More “Rant” Against Police Officers Was Not “Disorderly Conduct”
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In Obergefell v. Hodges, No. 14-556, 2015 WL 2473451 (U.S. June 26, 2015), the U.S. Supreme Court legalized same-sex marriage. The U.S. Court of Appeals for the Sixth Circuit held that “a State has no constitutional obligation to license same-sex marriages or to recognize same-sex marriages performed out of State.” Justice Kennedy reversed that decision, holding that the…

Read More SCOTUS Legalizes Same-Sex Marriage
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