Sample of Reported Decisions

Marin v. Dave & Buster’s, Inc., 159 F. Supp. 3d 460, 462 (S.D.N.Y. 2016). Successfully represented restaurant workers, obtaining approval of class settlement of $7,425,000 with injunction for incidental lost wages and benefits in an ERISA claim arising from national program to cut workers' hours allegedly to deny them healthcare benefits; defendants’ motion to dismiss denied.

Meregildo v. Diaz, No. 151905/13, 2017 WL 4891688, at *1 (N.Y. App. Div. Oct. 31, 2017). Won appeal affirming dismissal of employer’s claims against employee and granting partial summary judgment to employee on her counterclaims for wages, finding employee was covered by the Fair Labor Standards Act and not exempt from overtime laws.

Pesce v. New York City Police Dep't, 159 F. Supp. 3d 448 (S.D.N.Y. 2016). Won jury award of $257,762.00 in back pay to NYPD applicant with seizure condition well controlled by medication, hiring as NYPD police officer, and attorneys’ fees in disability discrimination case.

Edmundo Vicuña v. Westfourth Architecture and Vladimir Arsene, ARB Case No. 15-034,ALJ Case No. 2012-LCA-023 (April 6, 2015). Prevailed in appeal affirming ALJ’s determination after a two-day hearing that employer violated the H-1B provisions by failing to effect a bona fide termination of H-1B1 employee Edmund Vicuña's employment. Won award of $49,006.08 in back wages, $7,200.00 for health care benefits, and $1,152.78 for Vicuña’s return airfare to Chile, as well as pre- and post-judgment interest.

Ng v. Adler, 518 B.R. 228 (E.D.N.Y. 2014); In re Adler, 372 B.R. 572 (Bankr. E.D.N.Y. 2007); In re Adler, 395 B.R. 827 (Bankr. E.D.N.Y. 2008); In re Adler, 467 B.R. 279 (Bankr. E.D.N.Y. 2012); In re Adler, 494 B.R. 43 (Bankr. E.D.N.Y. 2013). Obtained award after trial to defrauded overseas agent of over $1 million and favorable finding that debt based on fraudulent bankruptcy filing by garment importer was non-dischargeable.

Doe v. Madison Third Bldg. Companies, LLC, 121 A.D.3d 631 (First Dept. 2014). Successfully represented sexual assault victim and won dismissal of building owner’s summary judgment motion as untimely in negligence and sexual assault claim.

Hanley v Chicago Title Ins. Co., 12 CIV. 4418 ER, 2013 WL 3192174 (SDNY June 24, 2013). Successfully defeated employer’s motion to dismiss age discrimination litigation.

Chisholm v. Mem'l Sloan-Kettering Cancer Ctr., 824 F. Supp. 2d 573, 576 (S.D.N.Y. 2011). Obtained a jury verdict in favor of Chisholm awarding him $233,290.32 in back pay, front pay in an amount to be determined by the Court, and $1 million in punitive damages, for which Sloan-Kettering would be vicariously liable under the NYCHRL. Following trial, the Court awarded back pay, front pay for two years, and remittitur on punitive damage award.

Sasikumar v Brooklyn Hosp. Ctr., 09 CV 5632, 2011 WL 1642585 (EDNY May 2, 2011). Won motion to compel discovery in national origin discrimination case.

Zustovich v Harvard Maintenance, Inc., 73 Fed R Serv 3d 462 (SDNY Mar. 20, 2009). Prevailed on employer’s motion to dismiss plaintiff’s age and national origin discrimination claims.

Dornberger v. Metropolitan Life Ins. Co., 203 F.R.D. 118 (S.D.N.Y. 2001). Obtained approval of class action settlement in excess of $20 million in insurance fraud case.

Melendez v Intl. Serv. Sys., Inc., 97 CIV. 8051 DAB, 1999 WL 187071 (SDNY Apr. 6, 1999). Won motion to amend complaint in national origin discrimination case.

Fox v City Univ. of New York, 1999 WL 33875 (SDNY Jan. 26, 1999); Fox v. City University of New York, 187 F.R.D. 83 (S.D.N.Y. 1999). Won plaintiff’s motion for new trial on damages after jury verdict in race discrimination case.

Andriotty v Suffolk County, 97 CV 5553, 1998 WL 661464 (EDNY Aug. 4, 1998). Won motion to amend complaint to assert race and gender discrimination claims; subsequent settlement required the hiring of the 25 police cadets with backpay award.

 

Representative Cases

Negotiated a significant settlement in mediation for an executive assistant at an insurance and risk management company who was sexually propositioned, sexually assaulted, demoted and terminated after she reported the unwanted sexual contact by her supervisor.

Successfully represented a group of women working as secretaries in a Connecticut medical practice who were sexually harassed and assaulted by the office manager over a period of years; litigated in Connecticut state court and negotiated a confidential settlement in mediation.

Obtained a significant settlement from the sole proprietor of a New York City law firm who sexually harassed and assaulted his female legal assistant.

Successfully negotiated a confidential settlement with a major nationwide retailer and nationwide credit reporting agency on behalf of a job applicant who was discriminatorily denied the position because of a criminal background check in violation of the Fair Credit Reporting Act, the New York Consumer Protection Act, and the New York City Human Rights Laws.

Negotiated a confidential settlement of age and race discrimination claims against a hospital on behalf of a radiologist who had been employed at the hospital for over 15 years.

Negotiated a confidential settlement of pregnancy, gender discrimination, and FMLA claims on behalf of a production manager who was terminated by a nationwide cosmetics company after she disclosed her pregnancy and need for medical leave.

Successfully represented a shipping manager for a luxury goods manufacturer terminated by her employer and replaced by a male employee when she took leave for the birth of her child on Family and Medical Leave Act, pregnancy discrimination, and retaliation claims in federal court.

Negotiated a significant settlement for a university student who was sexually harassed by a fellow physical therapy student.

Negotiated a significant settlement and reinstatement at her competitive conservatory program for a student who was sexually harassed by a fellow student.

Represented a group of restaurant workers at an upscale restaurant to obtain significant settlement of overtime claims.

Successfully represented technical and communication support employees for major global financial services firm and opposed employer’s claim that employees were exempt under the Fair Labor Standards Act. Obtained significant settlements of overtime claims.

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