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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 New York law in our primary practice areas of employment discrimination, sexual harassment, and personal injury. In addition to our general website disclaimer (which is incorporated by reference), the following […]

Happy Thanksgiving!

by mjpospis on November 26, 2015

in Uncategorized

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 […]

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 […]

Lawyer Demands “Trial by Combat”

by mjpospis on August 9, 2015

in Uncategorized

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 […]

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. […]