This week Judge Crotty awarded plaintiffs $3,415,450.00 in attorneys’ fees and $442,609.85 in costs in a lawsuit brought by employees of Gristede’s for violations of the federal Fair Labor Standards Act and the New York Labor Law. The court held that “[i]n light of the purposes underlying fee-shifting statutes, fees sought pursuant to the FLSA…
Read More SDNY Wage/Hour $3+ Million Attorney Fee AwardIn Barker v. Peconic Landing at Southhold, Inc., 2012 WL 3096036 (E.D.N.Y. July 30, 2012), plaintiff alleged disability discrimination and a violation of New York’s whistleblower statute, Labor Law Section 740. Plaintiff’s latter claim was that he was fired in retaliation for reporting “a growing drug problem among fellow nurses and nurse’s assistants”, thefts, and…
Read More Assertion of Whistleblower Claims Does Not Result in Waiver of Disability Discrimination ClaimsBelow are three separate complaints filed yesterday by, respectively, plaintiffs Julie Lawler, Kelly Hanlin, and Damien Crisp against the City of New York and several named and “John Doe” NYPD employees, for damages and injunctive relief under, inter alia, 42 U.S.C. § 1983. The crux of plaintiffs’ claims is that they were injured as a…
Read More OWS Pepper Spray LawsuitsOn July 24th, the Second Circuit affirmed the dismissal of plaintiff’s claim that a restaurant violated Title III of the Americans With Disabilities Act by restricting her access, and that of her service dog, to the restaurant and by verbally harassing her. The case, Krist v. Kolombos Restaurant, Inc., No. 11-1263-cv, should give paws –…
Read More Second Circuit Affirms Dismissal of Service Dog Discrimination ClaimsLast week, plaintiff Robert Bell filed a complaint (see below) against NYPD officers and the City of New York following his arrest for – any guesses, given the graphic? – giving cops the finger. Plaintiff brought his claims under 42 U.S.C. §1983, Monell, the New York constitution, and New York common law. Mr. Bell was…
Read More Man Arrested For Giving Cops the Finger SuesOn June 30, the NYC Criminal Court rejected Twitter’s attempt to quash a subpoena seeking “any and all user information, including email addresses, as well as any and all tweets posted for the period of September 15, 2011 to December 31, 2011” from a Twitter account maintained by defendant Malcolm Harris (whose tweets, apparently, bolstered…
Read More Court: Tweets Are “Gifted To The World”; Must Be Produced In OWS CaseLast week, federal Judge George B. Daniels upheld (in response to a Fourth Amendment challenge) NYPD “Interim Order 52”, which requires that a breathalyzer test be administered to any NYPD officer involved in a shooting that results in injury or death to a person in New York City. The decision in Palladino et al. v. City…
Read More Court Upholds Requirement That NYPD Officers Undergo Breathalyzer Tests Following Shooting IncidentsIn MacMillan v. Millenium Broadway Hotel (SDNY June 11, 2012), the Southern District of New York found that the plaintiff successfully proved that he was subject to a racially hostile work environment. While at work plaintiff encountered a voodoo doll with a “black face and pink lips” hanging from a bulletin board by a rope around…
Read More “Voodoo Doll Lynching” Race Discrimination Verdict UpheldIn a June 7, 2012 decision in Arsenault v. New York State, the Appellate Division, Third Department dismissed plaintiffs’ claims (and reversed an earlier decision, which I wrote about here) arising from plaintiff’s decedent being struck and killed by falling rocks while hiking in a state park. The Court of Claims had denied summary judgment…
Read More State Not Liable for Hiker DeathOn June 8, 2009, I wrote the following words in a resignation letter to the managing partner of Moses & Singer LLP: By this letter, I notify you that I resign my position at the Firm, effective today. Today will be my last day. This was the first step towards establishing and building a law…
Read More Three Years Ago Today