General Litigation

6 matters

Settlement Enforced Despite Defendant's ObjectionIn a case of settler’s remorse, the defendant blamed his lawyer in an unsuccessful attempt to back-out of a settlement achieved under the auspices of the Federal Court’s mediation program. The Honorable Judge Magistrate Judge Peggy of the United States District Court for the Eastern District of New York enforced the settlement reached at the mediation. Lawyers should note that the Court evaluated the post-mediation emails memorializing the terms of the settlement in its decision.→Class Certification Granted Against TD BankLevin-Epstein & Associates, P.C. is pleased to share a recent favorable decision, obtained on behalf of Chinese investors, who are class Plaintiffs, that placed their investment funds of $48.4 million ($550,000 from each Plaintiff) into escrow accounts with TD Bank. The Court denied the TD Bank’s Motion to Dismiss.→Court Authorizes Service by WhatsApp (S.D.N.Y.)The firm obtained a favorable Court order authorizing alternative means of service by Whatsapp pursuant to Federal Rule of Civil Procedure 4(e).→Consensual Judgment for Public Company ClientThe firm obtained a consensual judgment in favor of our client, a publicly traded company, following two years of litigation when the Honorable Senior Judge Jed Rakoff denied our adversaries’ motion to dismiss fraud and veil piercing claims against the individual owner of a company that contracted with our client.→Favorable Decision Against a National BankThe firm obtained a favorable decision against a national bank as the Honorable Justice Joseph Risi of the Supreme Court of the State of New York, Queens County, denied the defendant-bank’s motion to dismiss our client’s cause of action for conversion for the bank’s acceptance for deposit a check bearing a forged endorsement and making payment on same. Under New York’s UCC § 3-419, a bank is strictly liable for conversion when it pays on a forged endorsement subject to certain defenses it may raise.→Favorable Decision for Clients in N.Y. Supreme CourtLevin-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.→

Contingency Litigation

1 matter

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Motion to Vacate Arbitral Award (S.D.N.Y.)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. →

Bankruptcy Litigation

2 matters

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Achieving Justice: Substantial Recovery in Complex Bankruptcy CaseOur firm is proud to announce a significant success in a challenging case involving years of litigation, judgment enforcement, and bankruptcy proceedings. Initially, we secured a $500,000 settlement for our clients. →$1M+ Recovery for Creditor in Adversary ProceedingThe 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.→

Business Divorce

2 matters

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Business Divorce: Conversion Claim SustainedThe Supreme Court of the State of New York sustained our client’s claim for conversion of investment capital as against an individual defendant in a joint venture.→Federal Action Defended for LED Lighting CompanyThe firm 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.→

Labor and Employment Disputes

10 matters

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FLSA Win on Nightclub Restroom Attendant ClassificationLevin-Epstein & Associates, P.C. is pleased to share a recent favorable decision in a Fair Labor Standards Act case.→Favorable FLSA Decision in S.D.N.Y. (2024)Levin-Epstein & Associates, P.C. is pleased to share a recent favorable decision in a Fair Labor Standards Act case. The Court found favorably for our plaintiff in its denial of the defendants’ motion to dismiss.→FLSA Win in Singh v. Lintech Electric (E.D.N.Y.)Levin-Epstein & Associates, P.C. is pleased to share a recent favorable decision in a Fair Labor Standards Act case. The Court found favorably for our management-side defendant clients in the denial of the plaintiff’s motion for leave.→Preliminary Injunction Won in Federal CourtLevin-Epstein & Associates, P.C. recently obtained a preliminary injunction in federal court on behalf of a group of plaintiffs in a Fair Labor Standards Act case where a plaintiff had been assaulted in connection with the lawsuit.→Complete Dismissal With Prejudice in FLSA CaseAfter two years of litigation, the firm obtained a complete dismissal with prejudice against our client who has been sued under the Fair Labor Standards Act. The United States District Court for the Southern District of New York dismissed the case for failure to prosecute pursuant to Fed. R. Civ. P. 41(b).→Pugh v. Meric: Favorable FLSA DecisionLevin-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 two hours of recoverable attorneys’ time — $800 — for a case that went to trial.→Bench Trial Win in Pugh v. Meric (S.D.N.Y.)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.→Rivera v. The Crabby Shack: FLSA DecisionLevin-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.→Employment Claims Dismissed for Corporate ClientThe 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. →Conditional Certification Defeated in FLSA CaseThe 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.→

Judgment Enforcement

6 matters

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Nearly $1M Default Judgment in Conversion CaseOur firm secured a nearly $1 million default judgment in New York’s Supreme Court under CPLR § 3215. The defendant’s repeated delays—missed conferences and cycling through multiple attorneys—were firmly rejected by the Court. This outcome reflects our unwavering dedication to achieving results against even the most obstructive tactics.→Default Vacated in Eastern District of MichiganThe firm obtained vacatur of a default in the United States District Court for the Eastern District of Michigan based on the imperfection of service of process where the Plaintiff served state court summons rather than federal court summons following removal from state court to federal court.→Fraudulent Conveyance Actions Dismissed (E.D.N.Y.)The firm obtained dismissal of two fraudulent conveyance actions in the United States District Court for the Eastern District of New York, which were filed in connection with an underlying Fair Labor Standards Act case. →Multi-Million Dollar Judgment EnforcedThe firm obtained a favorable decision in a special proceeding seeking enforcement of a multi-million dollar judgment. The Court sustained each and every cause of action in our petition made pursuant to NY DCL §§273, 274, 275, and 278.→Judgment Enforcement Win Reported by the NYLJThe New York Law Journal reported on a recent favorable decision the firm obtained in a judgment enforcement proceeding.→$1.2M Default Judgment VacatedThe 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.→

ADA Compliance

7 matters

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ADA Case: Complete Voluntary Dismissal ObtainedLevin-Epstein & Associates, P.C. obtained a complete voluntarily dismissal of all claims against our client after the United States District Court for the Southern District of New York issued an order to show cause for lack of standing.→Antolini v. McCloskey: ADA Defense DecisionLevin-Epstein & Associates, P.C. recently obtained a favorable decision by the Honorable Judge George B. Daniels of the United States District Court for the Southern District of New York adopting a report and recommendation granting summary judgment of all federal claims under the Americans with Disabilities Act of 1990, 42 U.S.C. § et seq. in favor of our management-side clients.→Antolini v. McCloskey: Favorable ADA RulingLevin-Epstein & Associates, P.C. recently obtained a favorable decision by the Honorable Judge George B. Daniels of the United States District Court for the Southern District of New York adopting a report and recommendation for sanctions against an attorney for deposition misconduct in a case brought under the Americans with Disabilities Act.→ADA Case: Summary Judgment Dismissal RecommendedLevin-Epstein & Associates, P.C. obtained a report and recommendation for the dismissal on summary judgment of all federal claims under the Americans with Disabilities Act of 1990, 42 U.S.C. § et seq. against our management-side clients.→ADA Defense Win Affirmed by the Second CircuitLevin-Epstein & Associates, P.C. is pleased to share a recent favorable decision in an ADA case issued by the United States Court of Appeals for the Second Circuit. The Second Circuit agreed with the District Court that plaintiff failed to allege a concrete injury in fact and therefore lacked standing to assert a claim under the ADA.→ADA Compliance: Favorable Opinion ObtainedLevin-Epstein & Associates, P.C. has recently obtained a favorable opinion on a ADA compliance case.→Sanctions for Deposition Misconduct in ADA CaseLevin-Epstein & Associates, P.C. recently obtained sanctions against an attorney for deposition misconduct. The instant case is relevant for civil procedure and litigation under the Americans with Disabilities Act (the “ADA”).→

Notable Cases

General Litigation

Contingency Litigation

Bankruptcy Litigation

Business Divorce

Labor and Employment Disputes

Judgment Enforcement

General Counsel Services

ADA Compliance

Notable Cases

General Litigation

Contingency Litigation

Bankruptcy Litigation

Business Divorce

Labor and Employment Disputes

Judgment Enforcement

ADA Compliance