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In 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) […]

The Declaration of Independence is arguably one of the greatest legal documents – and the greatest break-up note – 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 […]

Today 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 […]

Pospis Law Year In Review: 2017

by mjpospis on December 31, 2017

in Uncategorized

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. […]

Happy Labor Day!

by mjpospis on September 4, 2017

in Uncategorized

While 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 […]

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 […]

Happy Fourth of July!

by mjpospis on July 4, 2017

in Uncategorized

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 […]

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. […]

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 § […]

Sticky: About This Blog; Disclaimer

by mjpospis on December 26, 2015

in Uncategorized

Thank you for visiting the Pospis Law Blog (the “Blog”), maintained by Pospis Law, PLLC (the “Firm”). The Blog primarily provides general information regarding developments in the law of New York in our primary practice areas of employment discrimination, sexual harassment, and personal injury. The website’s general disclaimer (which is incorporated by reference) likewise applies to the […]