Cases
Representative Matters
Employment Litigation. Moreau v. Air France: This case arose under the FMLA but had broad implications for employers throughout the U.S. under the FLSA
other statutes: the plaintiff sought a broad interpretation of the joint employer concept in order to exp
employer liability where the number of employees in a particular location did not reach the threshold level for coverage. We prevailed both in the trial court
in the Ninth Circuit. Haderer v. Dames
Moore, et al.
Subbe-Hirt v. Prudential Insurance Co. of America, et al.
Boyarsky v. University of Medicine
Dentistry of New Jersey, et al.
Parker v. M&T Chemicals, et al.
Gimello v. Agency Rent-A-CarCivil Litigation. FDIC v. Young:One of the cases arising out of the S&L failures, this was an action for fraud
other violations of fiduciary duty by the officers
directors of a New York savings
loan association, which was settled after a favorable ruling in federal court for the Southern District of New York. FDIC v. B
ura, et al.: Represented FDIC in federal court in complex litigation arising out of failed Nassau Savings & Loan Assn. FDIC asserted claims of breach of fiduciary duty
negligence by directors
officers
negligence
malpractice by related professionals, including two law firms, several appraisal firms
a loan broker
fraud by major borrowers. Five years of litigation resulted in recovery of approximately $9 million for FDIC
favorable resolution of numerous hotly-contested issues, including enforcement of $3.5 million settlement agreement with Pennsylvania law firm that represented Nassau. Subbe-Hirt v. Prudential Insurance Company of America, et al.: Defended Prudential in law suit by former employee alleging sex discrimination
tort claims. Successfully removed action to federal court, which granted summary judgment on federal labor law
tort claims
issued order compelling NASD arbitration of state law discrimination claim. In 10-day arbitration proceeding, company
individual defendant were found not liable. Arbitration order upheld by federal district court
Third Circuit but district court's summary judgment on state law tort claim of intentional infliction of emotional distress reversed
rem
ed (published opinion). Successful in obtaining order from state court compelling arbitration of rem
ed claim by same NASD panel that had ruled on discrimination claim, after which case settled. Parker v. M & T Chemicals, Inc.: Defended company
individual executives in first trial under state whistleblower law, where plaintiff was former in-house counsel. Prior to trial, case went to Appellate Division on issue of attorney-client privilege (published opinion). At trial, company
vice-president found not liable
general counsel found liable.
