October 2011

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In Rowe v. Olthof Funeral Home et al., a Western District judge held on summary judgment that the plaintiff, a funeral director, was an exempt “learned professional” not entitled to overtime compensation under the FLSA.  Defendants satisfied, by clear and convincing evidence, the “salary test” and the “duties test” for application of the exemption. “Salary…

Read More Funeral director is an FLSA-exempt “learned professional” not entitled to overtime
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In Whitehurst v. 230 Fifth, Inc. et al, 11-cv-0767, Southern District Judge McMahon allowed plaintiffs (all African American) to continue some, but not all, of their race-based claims against popular restaurant/lounge 230 Fifth (located at 230 Fifth Avenue in Manhattan).  Plaintiffs alleged that, after arriving to celebrate a friend’s birthday, they were subjected to discriminatory…

Read More African American Partygoers Can Continue Race Discrimination Suit Against 230 Fifth
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The SDNY recently held, in In re September 11 Litigation, 04-cv-7272 (Sept. 23, 2011), that the absence of duty doomed Con Edison’s negligence suit against various defendants arising from the destruction of its power station following the collapse of 7 World Trade Center on September 11, 2011.  Specifically, Con Edison sued the builder and developer…

Read More SDNY Applies Palsgraf to Deny Recovery to Con Edison in 9/11-Related Litigation
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