As illustrated by a 1930 First Department products liability case, there are, apparently, worse things than shooting your eye out with a toy gun. Setting yourself on fire, for example. From Crist v. Art Metal Works, 230 A.D. 114, 116, 243 N.Y.S. 496, 497 (App. Div. 1930) aff’d, 255 N.Y. 624, 175 N.E. 341 (1931): Defendant…
Read More Toy Gun DangerIf you’re like me, the thought of (non-online) shopping on Black Friday – the day after Thanksgiving (i.e, not that one, or that one, or that one) – or Thanksgiving Day itself (really?!?) ranks somewhere on the “fun” scale between a colonoscopy and being trapped on an elevator in a burning building with [insert annoying…
Read More Happy Thanksgiving! Don’t Get TrampledIn Scott-Iverson v. Independent Health Ass’n., 13-cv-0451 (W.D.N.Y. July 7, 2014), the court adopted a report and recommendation that plaintiff’s race- and sex-based hostile work environment claims may proceed. Plaintiff alleged, among other things, that: In approximately October 1999, [the Defendant] held an employee appreciation day around Halloween and [one of Plaintiff’s co-workers] dressed up…
Read More Offensive “Aunt Jemima” Halloween Costume Supports Hostile Work Environment/Race Discrimination Claim
Snow-covered stairs at 8 Street subway entrance
Today is July 4, 2014, the 238th anniversary of the Continental Congress’ adoption of the Declaration of Independence, our break-up letter to our abusive partner Great Britain. No euphemisms here: it couldn’t seriously be said “it’s not you, it’s us”; it was most certainly them. King George, it seems, wasn’t a terribly nice guy. Dear…
Read More When, in the Course of Human Events…Happy Memorial Day. According to the Department of Veterans’ Affairs website, Memorial Day commemorates those who died in military service. It is a day of remembrance and reflection. Keep in mind that there are laws, such as the Family and Medical Leave Act, that provide protections to family members of military members. The New York…
Read More Happy Memorial Day!
Tropical beach with palm trees and loungers
Here’s a little Mother’s Day-themed law for you. In Pierre v. City of New York, the Southern District of New York recommended the dismissal of various claims asserted by plaintiff against the City of New York, including for false arrest, excessive force, deprivation of property, violation of First Amendment rights, under federal law (through 42 USC…
Read More Mother’s Day Cards Are Not Exempt From General Vendor’s License RequirementHappy Valentine’s Day! In keeping with what I hope will be a continued practice of keying blog posts to holidays, I present to you the case of Ashok v. Barnhart, 289 F. Supp. 2d 305 (EDNY 2003). In Ashok, plaintiff claimed that she was subjected to retaliation and a hostile work environment based on national…
Read More Allegedly “Humiliating” Valentine’s Day Poster Did Not Support Hostile Work Environment ClaimIn Baldwin v. EMI Feist Catalog, the Southern District of New York recently made a list of reasons – in the form of a judicial opinion, which it likely checked more than twice – why music publisher EMI can keep the rights to the 1934 holiday classic “Santa Claus is Coming to Town“. While the…
Read More EMI Retains Rights to “Santa Claus is Coming to Town”Here at the Pospis Law Blog, I try to keep the articles and posts somewhat topical. As it is Christmas Eve, I thought a Christmas tree-themed post was appropriate. Unfortunately, this is not a happy Christmas tree tale, but rather one in which a Christmas tree was the alleged cause of an injury. (I tried…
Read More Christmas Tree Trip-and-Fall Case Continues‘Tis the season for company holiday parties, where the awkward mingling with co-workers and the free flow of alcohol can combine to create uncomfortable and humiliating social situations and, in some cases, possible legal liability for discrimination and harassment. Despite various warnings about maintaining professionalism, it seems that every year there are people who embarrass themselves…
Read More Company Holiday Parties, Professionalism, and Discrimination/Sexual Harassment