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Court Decisions

Damien Vasquez, et al. v., Pine Management, Inc., et al.
Docket No: 16-cv-9714 (WHP)

United States District Judge William H. Pauley III for the Southern District of New York has conditionally certified an FLSA collective action against Pine Management, Inc., Tom, Daniel, and/or Jason Rohlman for allegedly not compensating employees at an overtime rate for hours worked over 40 in a week. The Court has authorized that a collective action notice be sent to anyone employed in a similar position as lead plaintiff, Damian Vasquez, between December 16, 2013 and the present.

If you were employed by Pine Management, Inc., Tom, Daniel, and/or Jason Rohlman between the period of December 16, 2013 through the present date, and would like to join the collective action, please review the notice below by clicking on the link.

Read: Court Authorized Notice of Lawsuit


Guzman, et al. v. Bullfrog Pest Management, Inc., et al.
Docket No: 16-cv-2089 (DRH) (ARL)

On May 10, 2017, Magistrate Judge Arlene R. Lindsay ordered the conditional certification of an FLSA collective action against Bullfrog Pest Management, Inc., d/b/a AA quality Pest Control.  The complaint alleges that the company failed to compensate employees who worked as exterminators at the appropriate overtime rate. The Court has authorized that the collective action notice be sent to anyone employed by the defendants as a exterminator from April 27, 2013 to the present date.

If you were employed by Bullfrog Pest Management, Inc., d/b/a AA quality Pest Control as an exterminator and would like to join the collective action, please review the notice below by clicking on the link.

Read: Court Authorized Notice of Lawsuit


Espinal v. Victor's Cafe 52nd Street, Inc. et al.
Docket No: 16-8057 (VEC)

The Firm wins Motion to Conditionally Certify a Collective Action against Victor’s Café 52nd Street, Inc. On April 10, 2017, The Honorable Judge Valerie Caproni approved the conditional certification of an FLSA collective action against Victor’s Café 52nd Street, Inc. The complaint alleges that the company failed to pay Plaintiff and several other employees minimum wage and an overtime rate for any hours over 40 per week. The Court has authorized that the collective action notice be sent to anyone employed as a busser by the defendants from October 14, 2013 to the present date.
If you were employed by Victor’s Café and would like additional information concerning this collective action, please review the notice below by clicking on the link.

Read: Court Authorized Notice of Lawsuit


Shari Tepperman, et al. v. J & S Kidswear, Inc., d/b/a Denny’s Childrenswear
Docket No: 15-CV-7113 (GRB)

On April 25, 2017, Magistrate Judge Gary R. Brown ordered the conditional certification of an FLSA collective action of employees hired as “Store Managers” against J & S Kidswear, Inc., d/b/a Denny’s Childrenswear for allegedly failing to pay overtime.  The Court has authorized that a collective action notice be sent to anyone employed as a Manager by the company from December 14, 2012 to the present.

If you were employed by J & S Kidswear, Inc., d/b/a Denny’s Childrenswear as a Store Manager and would like to join the collective action, please review the notice below by clicking on the link.

Read: Court Authorized Notice of Lawsuit


 Firm wins Motion to Conditionally Certify a Collective Action against Victor’s Café 52nd Street, Inc. 

On April 10, 2017, The Honorable Judge Valerie Caproni approved the conditional certification of an FLSA collective action against Victor’s Café 52nd Street, Inc., Sonia Zalvivar and Christian Betere.  The complaint alleges that the company failed to Plaintiff and several other of its employees minimum wage and at an overtime rate for many of their hours over 40 per week.  The Court has authorized that the collective action notice be sent to anyone employed as a busser by the defendants from October 14, 2013 to the present date.  If you or anyone you know worked for Victor’s Café 52nd Street, Inc., you may be part of this case.


Guzman v. Atlantic Building & Construction Corp. et al Docket No: 16-CV-4121 (AMD) (PK)

On February 23, 2017, Magistrate Judge Peggy Kuo granted the approval the conditional certification of an FLSA collective action against Atlantic Building & Construction Corp., and Anthony Nolan. The complaint alleges that the company failed to pay its employees at an overtime rate for any hours over 40 per week. The Court has authorized that the collective action notice be distributed to all non-administrative/clerical non-managerial workers employed by the defendants from July 25, 2010 to the present date.

If you were employed by Atlantic Building & Construction Corp., and would like to join the collective action, please review the notice below by clicking on the link.

Read: Court Authorized Notice of Lawsuit


Davis et al v. Uptown Communications & Electric, Inc. et al. Docket No: 16-CV-03990 (NGG) (LB)

On December 23, 2016, United States Magistrate Judge Lois Bloom approved the conditional certification of an FLSA collective action against Uptown Communications & Electric, Inc., Jonathan Smokler, and Daniel Greenberg. The complaint alleges that the company failed to pay technicians an overtime rate for any hours over 40 per week and failed to provide proper wage statements. The Court has authorized that the collective action notice be sent to anyone employed by the defendants as a cable installer/technician from June 18, 2013 to the present date.

If you were employed by Uptown Communications & Electric, Inc., and would like to join the collective action, please review the notice below by clicking on the link.

Read: Court Authorized Notice of Lawsuit


Dawn Jones, et al., v. Strategic Financial Solutions, L,L,C., et al., Docket No: 16-cv-4617 (LTS)

On December 13, United States Magistrate Judge Laura Taylor Swain ordered the conditional certification of an FLSA collective action against Strategic Financial Solutions, L,L,C., Pioneer Law Firm, P.C., d/b/a The Law Offices of John Dougherty and Associates, and Timberline Capital Ventures, Inc., for non-payment of overtime and failing to furnish employees with wage statements on each payday. The Court has authorized that a collective action notice be sent to anyone employed as a “negotiator” or other positions with similar duties but different titles between the period of June 17, 2013 to the present.

If you were employed by Pioneer Law Firm, P.C., d/b/a The Law Offices of John Dougherty and Associates, Strategic Financial Solutions, L.L.C., and Timberline Capital Ventures, Inc., in the capacity of a negotiator or other positions with similar duties but different titles and would like to join the collective action, please review the notice below by clicking on the link.

Read: Court Authorized Notice of Lawsuit


Tarangini Aneesa Persaud and Benices Infante, et al. v. Tri-MedCare Services, Inc., and Vinod Sinha. Docket No: 15-cv-4341 (SJF)(ARL)

United States Magistrate Judge Lindsay has approved the conditional certification of an FLSA collective action against Tri-Med Home Care Services, Inc., and Vinod Sinha for non-payment of overtime. The Court has authorized that a collective action notice be sent to anyone employed in a non-managerial capacity by the defendants from July 24, 2012 to the present.

If you were employed by Tri-Med Home Care Services, Inc., as a non-managerial employee and would like to join the collective action, please review the notice below by clicking on the link.

Read: Court Authorized Notice of Lawsuit


Mejia & Garcia, et al., v. Blue Bay Enterprises, LLC, and Michael Krikorian  Docket No: 16-CV-00678 (FLW)(LHG)

On November 4, 2016, United States District Judge Brian Martinotti approved the conditional certification of an FLSA collective action against Blue Bay Enterprises, LLC, and Michael Krikorian. The complaint alleges that the company failed to pay its kitchen staff workers an overtime rate for any hours over 40 per week. The Court has authorized that the collective action notice be sent to anyone employed in a non-managerial capacity by the defendants from February 8, 2013 to the present date.

If you were employed by Blue Bay Enterprises and would like to join the collective action, please review the notice below by clicking on the link.

Read: Court Authorized Notice of Lawsuit


Greco, et al. v. Allen Natow, M.D., Irene Rosenberg, M.D., & Ira Pion, M.D., P.C., et al. Docket No: 14-CV-4222 (SJF) (AYS)

On October 26, 2016, Magistrate Judge Anne Y. Shields of the Eastern District of New York ordered the conditional certification of a FLSA collection action against Allen Natow, M.D., Irene Elaine Rosenberg, M.D., Ira Arthur Pion, M.D., and their practice, Allen Natow, M.D., Irene Rosenberg M.D. & Ira Pion M.D., P.C.  On July 9, 2014, Plaintiff, Dorothy Greco, on behalf of herself and all others similarly-situated, filed a complaint against the defendants alleging that she was not paid overtime wages for all hours worked in excess of forty per week.  The Court has authorized that a collective action notice be sent to anyone employed by the defendants as an hourly employee from July 9, 2010 to the present.  Please click on the link below to review the notice.

Read: Court Authorized Notice of Lawsuit


Kenroy Williams, et al., v. Fairfield Family Care, L.L.C.,  Docket No: 16-CV-3903 (VB)

On October 21, 2016 United States District Vincent Briccetti ordered the conditional collective certification of a collective action against Fairfield Family Care L.L.C, Fairfield Family Care Holdings, LLC and Gary Ferone under the Fair Labor Standards Act. The Court has authorized that a collective action notice be sent to individuals who are or were employed by the Defendants as caregivers in New York from May 25, 2013 to the present day.

If you are or were employed by Fairfield Family Care, L.L.C., or Fairfield Family Care Holdings, L.L.C., in New York as a caregiver and would like to join the collective action, please review the notices below by clicking on the link.

Read: Court Authorized Notice of Lawsuit


Nilvio Rodriguez v. Next Cleaners, L.L.C., Zack Saifi, Ivan Annanchenko, and Kam Saifi
Civil Action No: 2:13-cv-05269

On October 25, 2016, United States District Judge approved the conditional certification of an FLSA collective action against Next Cleaners, L.L.C., Zack Saifi, Ivan Annanchenko, and Kam Saifi for non-payment of overtime. The Court has authorized that a collective action notice be sent to anyone employed as a delivery driver by the defendants from September 3, 2010 to the present.

If you were employed by Next Cleaners, L.L.C., in the capacity of a delivery driver and would like to join the collective action, please review the notice below by clicking on the link.

Read: Court Authorized Notice of Lawsuit


Seddiq Elamrani, et al. v. Henry Limousine, LTD, et al.,
Docket No: 15-CV-2050 (ERK)(MDG)

On October 4, 2016, Judge Marilyn Go ordered the conditional certification of an FLSA collective action against Henry Limousine, LTD., and Avraham Mazouz for unpaid minimum wage and overtime violations. Henry Limousine offers taxi and limousine car services to its clients. The Court has authorized that a collective action notice be sent to anyone employed as driver by the company from April 13, 2012 to the present.

If you were employed by Henry Limousine as a driver and would like to join the collective action, please review the notice below by clicking on the link.

Read: Court Authorized Notice of Lawsuit


Oscar Munoz, et al., v. Magan Food Enterprises, Inc., d/b/a HUBBA’S, et al.,
Docket No: 16-CV-3143 (VB)

On October 5, 2016, The Honorable Judge Vincent Briccetti approved the conditional certification of an FLSA collective action against Magan Food Enterprises, Inc., d/b/a HUBBA’s and its owner Carlos Magan.  The complaint alleges that the company failed to pay its employees at an overtime rate for any hours over 40 per week.  The Court has authorized that the collective action notice be sent to anyone employed in a non-managerial capacity by the defendants from April 27, 2013 to the present date.

If you were employed by Magan Food Enterprises also known as HUBBA’S and would like to join the collective action, please review the notice below by clicking on the link.

CLICK HERE.


September 2, 2016
Mhamed Ata, et al. v. Saint George Limousine, L.L.C., et al. Docket No: 16-cv-0563 (JBW)(LB)
United States Magistrate Judge Lois Bloom granted conditional certification of a collective action against Saint George Limousine, L.L.C., St. George Treats, Inc., Rammon Kamal, individually, and Helen Askari individually, for allegations of failing to compensate its drivers time-and-a-half for any hours over forty (40). Defendants Kamal and Askari owned and operated Saint George Limousine LLC and St. George Treats, Inc., which function as private limousine companies that drive its customers between New York, New Jersey, Massachusetts, Pennsylvania, and Washington, D.C.

If you work or have worked for Saint George Limousine or St. George Treats, Inc., as driver from February 3, 2013 to the present and would like to join, please review the notices below by clicking on the link.

Read: Court Authorized Notice of Lawsuit


July 1, 2016
Genaro M. Aguilar v. Trolio Landscaping, Inc., and Frank Trolio, Docket No: 16-CV-2230
On June 27, 2016, Judge Cathy Seibel ordered the conditional certification of an FLSA collective action against Trolio Landscaping, Inc., and Frank Trolio for non-payment of overtime and failing to furnish employees with wage statements on each payday. The Court has authorized that a collective action notice be sent to anyone employed as a landscaper by the defendants from March 28, 2013 to the present.

If you were employed by Trolio Landscaping, Inc. and/or Frank Trolio in the capacity of a landscaper and would like to join the collective action, please review the notice below by clicking on the link.

Read: Court Authorized Notice of Lawsuit


June 28, 2016
Amador v. CILS, LTD, et al., Docket No: 16-CV-1733 (VB)
On June 15, 2016, Judge Vincent L. Briccetti ordered the conditional certification of an FLSA collective action against CILS, LTD d/b/a Club International Limousine, and Dennis Pettrucci for unpaid minimum wage and overtime violations. Club Limousine offers airport transportation services to its clients. The Court has authorized that a collective action notice be sent to anyone employed as driver by the company from May 7, 2013 to the present. 

If you were employed by Club International Limousine Inc. as a driver and would like to join the collective action, please review the notices below by clicking on the link.

Read: Court Authorized Notice of Lawsuit


June 22, 2016
Wilson et al v. ETS Services, Inc. et al., Docket No: 15-cv-2994 (WFK)(RLM)
On June 1, 2016, Chief Magistrate Judge Roanne L. Mann ordered the conditional certification of an FLSA collective action against ETS Services, Inc., and Louison & Pancham Transportation Corp., and Allied Airport Shuttle Service, Inc., for unpaid minimum wage violations. All three entities operate as a single enterprise that offers ground transportation services that shuttle passengers to and from Newark Liberty Airport, LaGuuarida Airport, and John F. Kennedy International Airport. The Court has authorized that a collective action notice be sent to anyone employed as a driver by any of these three companies from May 21, 2012 to the present.

If you were employed by ETS Services, Inc., Louison & Pancham Transportation Corp., or Allied Airport Shuttle Service, Inc. in the capacity of a driver and would like to join the collective action, please review the notice below by clicking on the link

Read: Desicion Regarding Summary Judgment


 

May 13, 2016
Love et al v. Premier Utility Services, LLC et al., Docket No: 15-5698 (ADS) (ARL)
On May 13, 2016 United States District Judge Arthur D. Spatt denied the Defendants’ Motion for Summary Judgment against Plaintiffs Aubrey Love, Paul Dunham, and Andrew Nelson.

Read: Desicion Regarding Summary Judgment


April 13, 2016
Alvarez v. Pronto Pizza & Grill, Inc., Docket No: 15-CV-8277 (JMF)

On March 31, 2016 United States District Judge Jesse M. Furman ordered the conditional collective certification of a collective action under the Fair Labor Standards Act against Pronto Pizza & Grill, Inc., which operates as a pizzeria in Manhattan for allegedly failing to pay proper wages to their employees. The Court has authorized that a collective action notice be sent to all of the current and former non-managerial employees who were employed by the Defendant from October 21, 2012 to the present.

If you were employed by Pronto Pizza & Grill in Manhattan in a non-managerial capacity and would like to join the collective action, please review the notices below by clicking on the link.

Court Authorized Notice (English)
Court Authorized Notice (Spanish)


Lopez v. Overtime 1st Avenue Corp., d/b/a Prime One 16, Docket No: 15-CV-820 (RJS)
On September 14, 2015 District Judge Richard Sullivan granted conditional certification of a FLSA collective action against Overtime 1st Avenue Corp., better known as Prime One 16, which operates as a restaurant in East Harlem New York. The Court has authorized that a collective action notice be sent to all of the current and former bartenders, servers, waiters, and/or busboys who were employed by the Defendants from February 4, 2012 to the present.

Court Authorized Notice (English)
Court Authorized Notice (Spanish)


Firm wins Motion to Conditionally Certify a Collective Action against Planet Wings for Non-Payment of Overtime

As some of our readers are aware, in September 2015 the Firm filed a Collective Action against Demco of Riverdale better known as Planet Wings in the United States District Court, Southern District of New York for their violation of the Fair Labor Standards Act. Click here to read more on the complaint allegations, http://www.employmentlawyernewyork.com/news/latest/eder-david-benitez-v-demco-of-riverdale-llc-et-al.html

On June 16, 2015, District Judge Colleen McMahon issued an Order granting the Plaintiffs’ motion to conditionally certify a collective action against all Planet Wings owned and operated by the Defendants. Click here to read the order. The Court has directed that any and all current/former employees of the Defendants’ Planet Wings establishments may opt into the collective action. If you or someone you know worked at a Planet Wings and worked over 40 hours per week, but was not paid not at an overtime rate, please call our office to discuss the possibility of entering the case.

[READ THE ORDER]

Firm Secures Trial Verdict

Erica Diggs v. Oscar De la Renta, et al., Index No: 016175/2012

In the summer of 2012, Plaintiff, Erica Diggs, filed a complaint against Oscar De la Renta and several of its employees. In the complaint, Plaintiff, who is an African American female, alleged that throughout her employment with Oscar De la Renta she was discriminated against on the basis of her race by being subjected to a hostile work environment and retaliated against for complaining about the hostile work environment. During Plaintiff’s brief tenure with Oscar De la Renta, she was referred to as a “n***er” by co-workers. After launching a complaint to management about the hostile work environment her employment was abruptly and immediately terminated. During the week of March 9, 2014, Firm attorneys Kelly Magnuson and Jeffrey R. Maguire successfully tried the case to a verdict on behalf of the Plaintiff.

Order issued granting Motion to Certify a Class against 1800FIX.com

Garcia, et al., v. 1800FIX.COM , et al., Docket No: 14-CV-2845 RMB

Southern District Judge Richard M. Berman issued an order certifying a class of Plaintiffs against a technical support company, 1800FIX.com. The Order states that the case met the criteria for conditional certification of an FLSA collective action. Further, the Court authorized and directed the use of a Class Notice and Consent Form to be sent to all potential collective class action members. Click here to read the Order.

Illegal Tipping Practices case

Shaunta Dove, et al., on behalf of herself and all other similarly situated, v. Apple-Metro, Inc., et al., Docket No: 13-CV-1417 (ENV) (CLP)

On July 29, 2014 United States Magistrate Judge Cheryl L. Pollak issued an order conditionally certifying a collective action against 36 Applebee’s Restaurant located throughout Manhattan, the Bronx, Brooklyn, Queens, Staten Island, Westchester and Rockland County. The Court found that plaintiffs met their burden of showing that tipped hourly employees at 36 Applebee’s restaurants, owned and operated by Apple Metro, could have been subjected to illegal tipping practices. The Court has ordered (1) that a collective action consisting of all tipped hourly employees at Apple Metro’s 36 Applebee’s restaurants, including servers, hosts, hostesses and bartenders, be conditionally certified and (2) that the defendants post notice of this lawsuit in areas of its restaurants to notify employees of their ability to join the collective action. If you or anyone you know have any information regarding this matter, feel free to contact us to discuss. Click here to read decision.

Unpaid Overtime Case

Carlos Marin, et al., on behalf of himself and all other similarly situated, v. Apple-Metro, Inc., et al., Docket No: 12-CV-5274 (ENV) (CLP)

United States Magistrate Judge Cheryl L. Pollak issued an order on July 29, 2014 conditionally certifying a collective action against 36 Applebee’s Restaurants located throughout Manhattan, the Bronx, Brooklyn, Queens, Staten Island, Westchester and Rockland County. The Court found that plaintiffs met their burden of showing that non-managerial employees at 36 Applebee’s restaurants, owned and operated by Apple Metro, could have been subjected to unpaid overtime. The Court has ordered (1) that a collective action consisting of non-managerial employees at Apple Metro’s 36 area restaurants, including servers, hosts, cooks, bartenders, expediters, runners, dishwashers, and maintenance workers, be conditionally certified and (2) that the defendants post notice of this lawsuit in areas of its restaurants to notify employees of their ability to join the collective action. If you have any information regarding this matter, feel free to contact us to discuss. Click here to read decision.

Disability Discrimination and Retaliation Case
 
Manuel Pacheco v. Tryax Realty Management, Inc., et al., Index No: 300341/11
 
On May 22, 2014 Justice Kenneth L. Thompson, Jr., of the Bronx County Supreme Court issued a Decision/Order denying the Defendants’ motion for summary judgment.  The Firm anticipates moving forward with a trial on the Plaintiff's behalf in early 2015.  Click here to view the Decision/Order. 

Justice Andrew G. Tarantino, JR., of the Supreme Court of the State of New York, County of Suffolk, issued an Order on June 24, 2014, denying the Defendants’ motion to dismiss for failure to serve a Notice of Claim on or before the commencement of an action under section 2(b) of the Labor Law § 215. This is a novel issue of law on which no New York appellate court – state of federal – has opined. Click here to read order.

Yavon Martin and Elizabeth Martinez v. J.C. Penney Corporation, Inc., et al.

Docket No: 13-cv-1985 (JBW) (LB)

Civil Rights Violation Case

The Firm is scheduled to begin trial in November 2014 before the Honorable Judge Jack B. Weinstein of the Southern District of New York after surviving Summary Judgment. Click the link to review Memorandum and Order issued by Judge Jack B. Weinstein. This is a case where two plaintiffs were racially profiled while shopping at J.C. Penney. This is a hot topic of discussion right now and is apparently happening in many department stores. See: http://www.usnews.com/news/articles/2013/10/25/should-jay-z-dump-barneys-new-york-after-racial-profiling-allegations and http://www.nydailynews.com/new-york/bill-rights-protect-black-shoppers-racial-profiling-article-1.1542257.

Report Recommendation

Sosa Court Decision

Judge Orders Conditional Certification for Employees of Prominent New York City Mexican Restaurant and Owners

April 9, 2014 – New York, NY - United States District Court Judge Alvin K. Hellerstein granted conditional certification in the matter of Carlos Castillo, et al. v. El Tequilazo Corp., Abelardo Longas, an individual, Lazaro Navarro, an individual, Fernando Navarro, an individual and Juan Navarro, an individual.  The Judge ordered, inter alia, that the Defendants turn over contact information for all individuals who worked at this restaurant from April 20, 2009 to the present.  The Judge also ordered that notices be mailed to all prospective class members.  Potential class members are all those individuals who worked for the Defendants who were not paid proper wages for overtime and/or minimum wage in accordance with the law. Contact Borrelli & Associates, P.L.L.C. for more information. [VIEW ORDER]

Manhattan U.S. Attorney announces $1.7 million settlement with Testquest, $2.3 million judgment against former Testquest manager, and filing of criminal and civil charges against public school teacher in connection with scheme to defraud Federal Government into paying for tutoring services that were never provided - READ AUGUST 2013 ANNOUNEMENT

Firm Successfully Gains Dismissal of Five Million Dollar Defamation Claim Premised on Statements Made to the Media

Koch v. Blit, Index No. 114067/2011, Madden, J.

In Koch, the Firm represented Defendant Mathew Blit, an attorney being sued by a Koch, defendant in a lawsuit previously filed by Blit on behalf of one of his clients, Ashley Chontos. Koch claimed that Blit filed a lawsuit on behalf Chontos that contained knowingly false statements about Koch in an attempt to wrongfully extract money from him and published the same statements contained within the Chontos complaint to the New York Post. Koch sued for $5 million in damages. The firm filed a motion to dismiss and engaged in oral argument defending the case on the grounds of privilege under New York Civil Rights Law Section 74. The Court agreed with the firm and dismissed the $5 million claim before any discovery had commenced and denied Koch the right to amend and re-file the action. Michael J. Borrelli handled the case for our firm.

September 2012

Firm prevails on Summary Judgment in Discrimination and Intentional Infliction of Emotional Distress claims in Sexual Harassment case vs. Starbucks

Alfano v. Starbucks

Defendants, including Starbucks, moved for summary judgment on Alfano’s claims for retaliatory discharge and refusal to promote. Alfano sought monetary damages based on defendants’ alleged repeated violations of the New York state’s Human Rights Law. She alleged five causes of action including retaliation and wrongful termination. Defendants argued Alfano’s termination was due to her lateness, referring to corrective action forms reflecting that she was marked late. The court noted several issues of fact existed regarding the casual connection between Alfano’s termination. It stated while defendants articulated a nondiscriminatory reason for termination, including arriving late and being rude to customers, Alfano raised issues of fact as to whether the articulated reasons were pretextual. The court thus allowed Alfano’s claims to proceed. She also raise an issue of fact concerning the casual connection between defendants’ failure to promote her and her alleged complaints of sexual harassment. Thus, summary judgment was denied.

June 2012

Firm Prevails at Trial in Proving That the New York City Housing Authority Violated Employee’s First Amendment Rights

Dingle v. New York City Housing Authority and Demetrice Gadson, 10-CV-00004, United States District Court, Southern District of New York

After a long nine (9) day trial before the Honorable Shira A. Scheindlin, a jury concluded that Demetrice Gadson, Plaintiff’s supervisor at the New York City Housing Authority, violated the Plaintiff’s civil rights by filing frivolous disciplinary charges against him in retaliation for Plaintiff’s speech related to issues of public concern affecting the workplace. Firm attorneys Bennitta Joseph and Alexander Coleman successfully tried the case for the Plaintiff.

December 2011

Firm Successfully Gains Dismissal of Million Dollar Defamation Claim Premised on Internet Liability

Fox et al. v. Albanese et al., Index No. 108169/2010, Solomon, J.

In Fox, the Firm represented LAR Enterprises, a concert production company being sued by one of its competitors, Fox Entertainment Company. Fox claimed that LAR posted a series of defamatory comments on its website and sued for $1 million in damages. We filed a motion to dismiss arguing that federal law shielded our client from liability for statements posted on the website attributed to third parties, and that alternatively, in any event, the statements could not be considered defamatory. The Court agreed with us and dismissed the $1 million claim before any discovery had commenced. Alexander Coleman handled the case for our firm.

March 2011

 

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