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Cases

General Litigation

Levin Epstein & Associates, P.C. is pleased to share a recent favorable decision, obtained on behalf of our clients, issued by the Honorable Justice Arlene P. Bluth in Hongying Zhao, et al. v. Ardent Financial Fund, et. al. (Index No. 157066/2017). The Court granted our clients Motion to Dismiss in its entirety, with prejudice, and with costs awarded. Plaintiffs brought the following three (3) causes of action: (1) constructive trust, (2) money had and received, and (3) unjust enrichment.

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Business Divorces

Successfully defended a national solar powered LED lighting systems company in a federal action filed in the United States District Court for the District of New Jersey, involving allegations of, inter alia, (i) misappropriation of trade secrets; (ii) tortious interference with contract; and (iii) fraudulent conveyance filed by a disgruntled former partner, securing a pleadings-stage dismissal, with prejudice. Following briefing on our motion to dismiss the lawsuit, the case settled for nuisance value.

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Contingency Litigation

On a motion to vacate an arbitral award before the United States District Court for the Southern District of New York, the firm successfully defended its trial-victory for a wrongfully terminated executive in a breach of contract case. The New York Law Journal included the decision of the federal court upholding the trial court's decision in its "Decision of Interest" column.

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Fair Labor Standard Act/Wage-and-Hour

The firm obtained a favorable decision for corporate defendants on a motion for conditional certification of a collective action in the United States District Court for the Southern District of New York. This case stands as one of the few cases where a Federal Court has denied a motion for collective certification in a so-called "FLSA/Wage-and-Hour" case.

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Judgment Enforcement

The firm obtained the vacatur of a default judgment in the amount of $1.2M entered in the United States District Court for the Southern District of Florida. Federal Courts in Florida are a notoriously difficult venue to reopen a judgment; fewer than 1% of cases are successful in getting a default judgment vacated where sufficiency of service was not challenged.

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Bankruptcy Litigation

The firm obtained an affirmative recovery in the amount of over $1M for a creditor in an adversary proceeding in the United States Bankruptcy Court for the District of Delaware.

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Employment Litigation

The firm successfully defended a corporate defendant and its principals against allegations of, inter alia, unpaid severance pay and wrongful termination in an action filed in the Supreme Court of the State of New York, County of New York. The firm secured a favorable and speedy resolution for the client by dismissing the action in the pre-pleading stage.

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FLSA Litigation

Levin Epstein & Associates, P.C. is pleased to share a recent favorable decision, obtained on behalf of our clients, issued by the Honorable Magistrate Steven Gold of the United States District Court for the Eastern District of New York. In an unusual procedural posture, our clients, defendants in an FLSA action, filed a motion to approval a settlement agreement, over the objection of the plaintiffs, under controlling Second Circuit precedent that requires that stipulated dismissals settling FLSA claims with prejudice require the approval of the District Court.

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FLSA Litigation Continued

Levin Epstein & Associates, P.C. won a bench trial before the Honorable Justice Denise L. Cote of the of the United States District Court for the Southern District of New York in an FLSA case. This case is highly significant for two reasons. First, the Court did not award attorneys’ fees to the plaintiff’s attorney because the total amount of unpaid wages aggregated only $92.50. Second, this case is the first federal court to hold, that the Court is not statutorily constrained to award damages for a violation of the record keeping requirement for a “notice” violation under NYLL § 195(1)(a) because NYLL § 198(1)(1-b), which controls the remedy for a violation of NYLL § 195 (effective December 29, 2014), by its very terms, does not mandate the imposition of damages. Thus, this case has precedential effect.

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FLSA Litigation Pt. 3

Levin Epstein & Associates, P.C. is pleased to share a recent favorable decision, obtained on behalf of our clients, issued by the Honorable Justice Denise L. Cote of the of the United States District Court for the Southern District of New York. Following a bench-trial, the plaintiff’s attorney in an FLSA action filed an application for attorneys’ fees pursuant to the FLSA attorney-fee shifting provision. We successfully opposed the application as the Court awarded only 2 hours of recoverable attorneys’ time -- $800—for a case that went to trial. Please feel free to contact Mr. Joshua Levin-Epstein with any questions about the case. His phone number is (212) 792-0046 or Mr. Jason Mizrahi at (212) 792-0048.

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