- Attorneys Bryan J. Mazzola and Jacqueline L. Aiello recently prevailed on a motion to dismiss the complaint and compel arbitration in an employment dispute filed in the Southern District of New York. In this case, a former doorman alleged that he was subject to discrimination and retaliation based on his national origin and commenced his action in Federal Court despite being a member of the Local 32BJ union and subject to a collective bargaining agreement which requires arbitration of, among other things, discrimination claims under Title VII, the New York State Human Rights Law and the New York City Human Rights Code. In granting the motion to compel arbitration and dismissing the complaint, the Court found that the Firm successfully demonstrated that: (a) the parties agreed to arbitrate; (b) that the employee’s claims were within the scope of the arbitration agreement; and (c) that Congress intended for such discrimination and retaliation claims to be arbitrated.
- Peter Restani from our Miami office tried a $2.5 million subrogation matter in which three Plaintiff insurers paid fire damage claims to their insureds when a restaurant kitchen fire damaged the building and adjoining properties. Plaintiffs’ product liability claim alleged that an electrical failure in our client’s commercial freezer caused the fire and damages. We stipulated to the $2.5 Million in damages and received a defense verdict of zero dollars in the United States District Court.