Settlement Agreements

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New York Governor Hochul recently signed legislation, S4516, that amends New York’s General Obligations Law to prohibit settlement agreements resolving sexual harassment or discrimination claims from containing any condition that requires the complainant to pay the defendant liquidated damages in the event that the plaintiff violates any nondisclosure agreement included in the settlement agreement. Generally,…

Read More New NY Law Prohibits “Liquidated Damages” Provisions for NDAs in Settlement Agreements Resolving Sexual Harassment and Discrimination Claims
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In Ames v. New York City Dept. of Educ., No. 151743/2021, 2022 WL 705673 (N.Y. Sup Ct, New York County Mar. 09, 2022), the court, inter alia, dismissed plaintiff’s employment discrimination complaint under CPLR 3211(a)(5), since it was barred by a release plaintiff entered into. From the decision: This action is barred by the releases…

Read More Employment Discrimination Claims Barred by Release; Duress Argument Rejected
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In Simons v. Lee Litigation Group, PLLC et al, No. 151692/2020, 2021 WL 3624940 (N.Y. Sup Ct, New York County Aug. 12, 2021), the court granted plaintiff’s motion for summary judgment against the defendants for breach of contract (settlement agreement). In sum, the parties reached a settlement, the terms of which were memorialized in a…

Read More Settlement Agreement Enforced, Notwithstanding FLSA Provision in Generic Release Provision
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Ordinarily on this blog I write about substantive and procedural legal issues arising in employment and personal injury litigation. But recently, the U.S. Court of Appeals for the Second Circuit issued a decision (more precisely, a “Summary Order”) that is instructive on an issue that potentially arises in litigation of all types, namely, the interpretation…

Read More Second Circuit: “As Of”, in Settlement Agreement, Means “On”
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A recent case, Lopez v. Uno Express Cleaners Inc., 18-cv-10737, 2019 WL 6873796 (SDNY Dec. 17, 2019), illustrates how courts evaluate settlement agreements under the Fair Labor Standards Act (FLSA), as mandated by the Second Circuit’s decision in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). In this case, plaintiff, who was…

Read More FLSA Settlement Rejected in Light of Overbroad Release
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A recent decision, Grant v. Almonte, 2019 NY Slip Op 00057 (App. Div. 1st Dept. Jan. 3, 2019), provides some insight into the mechanics of an “open court” settlement under New York Civil Practice Law & Rules 2104. That statute provides: An agreement between parties or their attorneys relating to any matter in an action, other than…

Read More Marking Court File Did Not Qualify as a CPLR 2104 Stipulation
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Employment discrimination cases are often resolved by settlement – i.e., a negotiated agreement for the parties to discontinue a case on agreed-upon terms. A settlement can be reached either before or after the commencement of litigation. In many, if not most, cases, the agreement will be reduced to a writing and signed by the parties.…

Read More Settling an Employment Discrimination Case: The Agreement
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In Cantey v. Mount Vernon City School District, 16-cv-2669, 2018 WL 3315574 (S.D.N.Y. July 5, 2018), the court dismissed claims asserted by plaintiff -an African American Jehovah’s witness – that she suffered discrimination on the basis of her race and religion under Title VII of the Civil Rights Act of 1964. At the center of this…

Read More Title VII Claims Barred By Settlement Agreement; Duress Claim Rejected
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Celebrities – they’re just like us! That is one take-away from a recent Eastern District of New York decision, Jones v. Trevor Tahiem Smith, Jr., a/k/a Busta Rhymes et al, 16-cv-2194, 2018 WL 2227990 (E.D.N.Y. May 14, 2018) (M.J. Levy). There, plaintiff sued Busta Rhymes and Starbus LLC, alleging “that, while employed by defendants as [Busta]’s…

Read More Court Declines to Adopt “Celebrity Exception” to Public Access to Settlement Agreement in Age Discrimination, Wage Lawsuit Against Busta Rhymes
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In Gracia v. City of NY, 16-CV-7329, 2017 WL 4286319 (S.D.N.Y. Sept. 26, 2017) (J. Caproni), the court held that a release signed by plaintiff – a female NYPD officer – to resolve a personal injury slip-and-fall case was broad enough to encompass claims for gender discrimination sexual harassment, hostile work environment, and retaliation. In…

Read More Personal Injury Release Held Broad Enough to Cover Employment Discrimination, Sexual Harassment, and Retaliation Claims
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