Bergstein & Ullrich
Bergstein & Ullrich is a legal publisher that provides detailed analyses of recent court decisions and legal developments, primarily focusing on employment law, discrimination, labor law, and civil rights issues. Their content often covers appellate court rulings, statutory interpretations, and procedural aspects of cases involving workplace discrimination, family and medical leave, religious employment exceptions, and public authority liability. The publisher offers in-depth case summaries and legal reasoning that are useful for lawyers, legal scholars, and professionals interested in employment litigation and related legal principles.
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Employees barred from wearing certain pins during Starbucks union drive
The Court of Appeals holds that Starbucks may regulate how workers may display their support for a union drive in the workplace, including pins. The t-shirt policy is still an open question.The case is Siren Retail Corporation v. National Labor…
No free speech claim after school directed teacher to remove gay pride flag from classroom
The Court of Appeals has ruled that a school teacher in Suffolk County did not have the First Amendment right to post pride flags and stickers in her classroom, and that the district did not violate the Constitution when it…
You have a First Amendment right to videotape the outside of a police building
The Court of Appeals holds for the first time that you have a First Amendment right to film the exterior of the local police station. But the plaintiff, who was arrested after he resisted police authority when they approached him…
Church Autonomy doctrine bars priest from bringing defamation claim against former employer
The Second Circuit has applied the Church Autonomy doctrine for the first time in holding a jury cannot resolve whether plaintiff, a priest, has a legitimate defamation claim against his former employer. This is a significant decision because the Second…
Court of Appeals strikes down SOX whistleblowing claim
The Court of Appeals has rejected a Sarbanes-Oxley whistleblower retaliation case, holding that the plaintiff did not bring his claim within the 180-day deadline under the statute. The Court also issues a separate holding that the statute of limitations begins…
Plaintiff may challenge her termination under Due Process Clause
This appeal raises a complex issue relating to res judicata. Lawyers know about res judicata; the general public not so much. But this doctrine — which prevents you from bringing the same lawsuit in different courts — is important when…
Bivens claim survives appellate review
The greatest loophole in constitutional law is that there is no statute that allows you to sue federal officials for a constitutional violation. If you want to sue state and local officials, you can invoke 42 U.S.C. 1983, but there…
State and local law makes it illegal to videotape inside police station houses
The Second Circuit last year asked the New York Court of Appeals to weigh in on whether you have a right to record video inside the publicly accessible lobbies of police station houses. The New York Court of Appeals answered…
Door Dash wins free speech case against New York City
New York City enacted a law requiring that third-party delivery platforms, like Door Dash, share customer information with the restaurants whose food they are delivering. Door Dash challenged this requirement as a First Amendment violation, under the coerced speech principle.…