Tag Archives: new york

Civil Rights Lawyers Get Settlement for Breach of Their Civil Rights

Protect our rights

If there’s one subset of the American public on whom corrupt police officers might want to go easy re: civil rights violations, it would probably be civil rights lawyers.  Unfortunately, some overzealous Brooklyn cops didn’t get the memo.  In 2008, Sgt. Steven Talvy tackled a man in the course of an arrest and, after shackling the now-subdued, peaceful, and compliant man, kicked him right in the face.  This excessive force was witnessed by Michael and Evelyn Warren, the aforementioned civil rights lawyers, who then approached Talvy and informed him that he was being pretty brutal as an officer of the law, suggesting that he take the suspect to the precinct instead of, say, beating him to within an inch of his life.  After weighing this constructive criticism for a moment, Talvy flew into a rage, punching them both repeatedly in the face and arresting them for “disorderly conduct”.

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Woman Wins $300k Due to Personal Trainer’s Negligence

Seems legit

When you purchase the services of a personal trainer, you hold an expectation that they have an idea or two about what’s good for your health and that their supervision over unfamiliar workouts comes with a certain expectation of safety.  A New York woman found out the hard way that this is not actually true.  The woman was exercising with her personal trainer, presumably pumping mad iron, when the trainer advised her to try out a new exercise using strange equipment or on a machine of some sort (the press release from which I found this story is a bit lacking in specific detail).  She was hesitant at first because she had never done the exercise before, but continued anyway after the reassurance of her trainer.

Read more to find out how this all went wrong, and quick

Age Discrimination Suit Settled for $570k

Show me the money!

The US Equal Employment Opportunity Commission has set a precedent for old geezers everywhere by forcing a law firm to remove restrictions on salary for its older partners as they amble slowly to the grave.  The law firm of Kelley Drye & Warren’s previous policy required partners to give up their salary and controlling interest in the firm when they hit 70 years old, taking only an end-of-the-year bonus as compensation while still practicing law.  Eugene D’Ablemont, a partner in the firm, complained about his forced retirement to the EEOC, who then brought suit against Kelley Drye in 2010. After two years of litigation, Kelley Drye decided that it would be cheaper to settle than continue to wage a court battle. They agreed to drop all pay reductions due to age from their policies and will pay D’Ablemont about $570,000.  Sounds like a pretty sweet deal, though it’s kind of a dubious reward for those of retiring age.  If I’m still kickin’ around at age 70, the last thing I’d want to spend my time doing is practicing law at a law firm, however lucrative the pay may be.

Mets Pay $162 Million in Madoff Settlement

NY Mets

Mets fans are used to errors on the field, but not in the bank.  Fred Wilpon and Saul Katz, the owners of the New York Mets, have settled a lawsuit concerning their profits from the much-publicized Bernie Madoff Ponzi scheme, the biggest investment fraud ever conducted.  Irving Picard, the trustee hoping to recoup the investments lost in the Madoff case, had sued the Mets owners accusing them of “willful blindness”, or that they were aware of Madoff’s fraud, but ignored it because they were making money.  Early adopters of Ponzi schemes often make money in the time it takes to collapse.  The settlement today makes sure that those claims of willful blindness never go to court, claims which Picard thinks a jury would have found true.  Jury selection for this trial was set to occur this morning.  Luckily for the Mets, the owners settled for $162 million, nearly half of the $386 million they could have had to pay out.  This is in addition to the $83.3 million in profits the judge in this case had already ordered to be paid back.

It will be interesting to watch how the rest of the Madoff damages litigation pans out.  Despite the 74-year-old head honcho already convicted and in jail for a 150-year term, the recovery effort is still going strong, with Picard getting about $11 billion of the lost $17.3 billion returned.  It is a little late in the game now, but who knows.  Maybe all those rich people who trusted their money with a flimsy criminal will get their money back.  Also, maybe pigs will fly.  Here’s hoping!

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Celebrity Chef Pays $5.25 Million in Confiscated Tips to Workers

A pile of delicious spaghetti (representative of but not actually Batali’s, though)

Celebrity chef Mario Batali has settled with his disgruntled workers over allegations he skimmed 4-5% of servers’ tips at the end of every night at his high-profile restaurants.  The employees claimed that they were not paid overtime when they worked for over 10 hours and that Batali took the tip money to pay the salaries of sommeliers at his other New York restaurants.  The settlement comes in the wake of an overhaul of New York wage laws, which one lawyer connected with the case said made the circumstances “ambiguous”.  Overall, tip-skimming is illegal, and restaurant owners need only follow the guidelines set by the New York legislature to avoid similar lawsuits.

I went to one of these restaurants a few years ago as part of a company morale type of thing at my old job.  The food was pretty good, but not exactly worth the money paid for it.  I guess it’s more about the name at the front of the restaurant than the meal itself.  But anyway, between 20 or so people, the bill turned out to be more than $1,000 with wine and whatnot, if I recall correctly, and probably more knowing my old boss.  A 20% tip on that would be $200, and 5% of that would be $10 going to Batali’s sommeliers.  It seems like a pittance to file a lawsuit over when you look at it localized like this, but compounded over however many hundreds of meals are served per day over five years and between at least eight restaurants, this number becomes astounding.  If the tip-skimming was truly as widespread as the plaintiffs alleged, Batali should be thankful that he only had to pay $5.25 million.

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