EMPLOYMENT LITIGATION
DECISIONS OF INTEREST
Fitapelli & Schaffer are recognized leaders in employment law. Our litigated cases have produced consistent results and groundbreaking decisions. Below is a sampling of some recent and notable decisions of interest. Note that this website is not affiliated or endorsed by any of the companies below, but rather provides information regarding court cases involving those companies.
Banta Management Services, Inc.
April 25, 2022
Order Granting Plaintiff's Motion for Conditional Certification of the FLSA Collective Action and Approval of Proposed Notices.
Corporate Express, Inc.
March 31, 2022
Order Granting Plaintiff's motion to dismiss Defendants’ faithless servant and unjust enrichment counterclaim.
Zara USA, INC.
May 3, 2021
Order Granting Plaintiffs' Motion for Conditional Class Certification.
Wells Fargo
March 15, 2021
Order Granting Plaintiffs' Motion for Conditional Class Certification.
Friendly’s
September 28, 2020
Judge Grants Final approval of $750K Class Action Settlement.
MBI Energy Services
September 22, 2020
District Judge Approves Order Granting Plaintiffs' Motion for Conditional Class Certification.
Brooklyn Born Chocolate
May 6, 2020
Order Granting Plaintiffs' Motion for Conditional Class Certification.
MBI Energy Services
February 25, 2020
Order Granting Plaintiffs' Expedited Motion for Conditional Certification and Notice.
Berry Bros
September 23, 2019
Order Granting Plaintiffs' Motion for Nationwide Conditional Class Certification and Notice.
American Eagle
April 30, 2019
Second Circuit's Decision Affirming Approval of Settlement by District Court.
Raymour Flanigan
November 28, 2017
Denial of Defendants' Motion to Compel Arbitration.
Bar Louie
November 15, 2017
Court Grants Plaintiffs’ Motion for a Nationwide Collective Action.
Rosa Mexicano
November 15, 2017
Granting Approval of Notice to Class Regarding Proposed Class and Collective Action Settlement.
TGI Fridays
October 26, 2017
Granting Preliminary Approval of Class Action Settlement.
Star Nissan
April 12, 2017
Order Granting Plaintiffs' Motion for Conditional Class Certification.
American Eagle
January 24, 2017
Granting Preliminary Approval of Class Action Settlement.
Marina Ice Cream
December 8, 2016
Granting Preliminary Approval of Class Action Settlement.
Koi Restaurant
October 7, 2016
Final Judgment and order granting final approval of class action settlement.
Sushi Samba
June 30, 2016
Final Judgment and order granting final approval of class action settlement.
Major World
April 27, 2016
Final Judgment and order granting final approval of class action settlement.
Leros Point to Point
February 26, 2016
Final Judgment and order granting final approval of class action settlement.
Petco Groomers
January 19, 2016
Order granting Plaintiffs' motion for conditional class certification.
Major World
December 22, 2015
Granting Preliminary Approval of Class Action Settlement.
Bells Nurses Registry & Employment Agency, Inc.
December 21, 2015
Final Judgment and order granting final approval of class action settlement.
TGI Fridays
November 3, 2015
Judge Grants Motion to Extend the Notice Period for FLSA Opt-ins to Join the Case.
Exploration Drilling
October 15, 2015
Order granting Plaintiffs' motion for conditional class certification.
Lopez v. The Dinex Group, LLC
October 6, 2015
Final Judgment and order granting final approval of class action settlement.
Bravo v. Palm West
September 30, 2015
Granting Preliminary Approval of Class Action Settlement.
Long v. HSBC
September 11, 2015
Granting Preliminary Approval of Class Action Settlement.
Leros Point to Point
September 2, 2015
Granting Preliminary Approval of Class Action Settlement.
M&T Bank
August 19, 2015
Order granting Plaintiffs' motion for conditional class certification.
CHEETAHS GENTLEMEN'S CLUB & RESTAURANT
July 30, 2015
Order granting Plaintiffs' motion for conditional class certification.
Lopez v. The Dinex Group, LLC
June 23, 2015
Granting Preliminary Approval of Class Action Settlement.
Fernandez v. Legends Hospitality
June 20, 2015
Final Judgment and order granting final approval of class action settlement.
Hamadou v. Hess
June 18, 2015
Final Judgment and order granting final approval of class action settlement.
Carpenter v. Paige Hospitality
June 2, 2015
Final Judgment and order granting final approval of class action settlement.
Flynn v. New York Dolls
April 28, 2015
Final Judgment and order granting final approval of class action settlement.
Flood v. Carlson Restaurants Inc.
March 27, 2015
Court Denies TGI Fridays' Motion to Dismiss and Change Venue.
Scott v. Chipotle Mexican Grill
March 27, 2015
Court Orders Chipotle to Turn Over Privileged Documents.
Monzon v. 103 W77 Partners
March 5, 2015
Final Judgment and order granting final approval of class action settlement.
TGI Fridays
January 20, 2015
Plaintiffs' Motion for Nation-Wide Conditional Certification Granted.
Scott v. Chipotle Mexican Grill
December 18, 2014
Chipotle Loses Motion For Protective Order.
Monzon v. 103 W77 Partners
October 15, 2014
Granting Preliminary Approval of Class Action Settlement.
Flynn v. New York Dolls
October 6, 2014
Granting Preliminary Approval of Class Action Settlement.
Royal Healthcare
July 31, 2014
Final Approval of Seven Figure Class Action Settlement.
Gonyer v. Vane line
July 28, 2014
Granting Plaintiffs' Motion to Amend the Complaint and Ruling that the Accepted Rule 68 does not moot the case.
Trimmer v. Barnes & Noble
July 18, 2014
Denying Defendants’ Motion for Summary Judgment as to Willfulness, Executive Exemption and Administrative Exemption for Salaried Assistant Managers.
Scott v. Chipotle Mexican Grill
July 2, 2014
Granting Plaintiffs' motion to amend the complaint.
Juarez v. 449 Restaurant Inc.
July 2, 2014
Order granting Plaintiffs' motion for conditional class certification.
Flores v. One Hanover
June 9, 2014
Final Judgment and order granting final approval of class action settlement.
Scott v. Chipotle Mexican Grill
June 9, 2014
Order Granting Plaintiffs' Motion to Limit Scope of Discovery in a Class Action.
Major World
April 16, 2014
Order granting Plaintiffs' motion for partial summary judgment.
Fernandez v. Legends Hospitality
April 1, 2014
Decision Granting Appeal in Favor of Yankee Stadium Workers.
Mama Mexico
March 21, 2014
Decision Granting Default Judgment of over $9 Million in Unpaid Wages and Overtime.
Flores v. One Hanover
February 18, 2014
Granting Preliminary Approval of Class Action Settlement.
Simsek v. Fidelis Care
February 14, 2014
Final Judgment and order granting final approval of class action settlement.
Scott v. Chipotle Mexican Grill
October 25, 2013
Denial of Chipotle's motion to appeal conditional certification.
Yuzary v. HSBC
October 2, 2013
Final judgment and order granting final approval of a seven-figure class action settlement.
Capital Grille
September 20, 2013
Granting Motion for Conditional Certification under the FLSA for all locations Nation-Wide since November 2008.
Public House
September 10, 2013
Final judgment and order granting final approval of a seven-figure class action settlement.
Sukhnandan v. Royal Health Care
September 3, 2013
Granting Preliminary Approval of Class Action Settlement.
Salomon v. Adderley Industries, Inc
August 16, 2013
Granting Plaintiffs' motion to amend the complaint to add a parent company and individual Defendants.
Astoria Brewhouse
August 6, 2013
Denying Defendants' motion to dismiss based on the recent Supreme Court Case, Genesis Healthcare.
Pollock v. Legends Hospitality and New York Yankees
July 25, 2013
Granting Plaintiffs’ Motion for Collective Action Certification pursuant to the Fair Labor Standards Act.
Bonilla v. A-1 Moving and Sher-Del
July 17, 2013
Granting Plaintiff’ Motion to Dismiss Counterclaims and Denying Defendants’ Motion to Dismiss.
Yuzary v. HSBC
April 30, 2013
Granting Preliminary Approval of Class Action Settlement.
Ritz v. Mike Rory Corp
April 30, 2013
Granting Plaintiffs’ Motion for Collective Action Certification pursuant to the Fair Labor Standards Act.
Ryan v. Centerplate
March 7, 2013
Final Approval of Class Action Settlement of $750,000 covering servers and runners at Old Yankee Stadium.
Ryan v. Centerplate / Volume Services
December 6, 2012
Preliminary approval of class action settlement on behalf of workers at Old Yankee Stadium.
Tiro v. Public House
December 4, 2012
Decision granting class certification and appointing Fitapelli & Schaffer as Class Counsel.
Girault v. Supersol 661 Amsterdam, LLC. Part 2
October 5, 2012
Final Judgment and order granting final approval of class action settlement.
Lovaglio v. W & E Hospitality Inc. Part 2
July 6, 2012
Final judgment and order granting final approval of a seven-figure class action settlement.
Girault v. Supersol 661 Amsterdam, LLC.
June 28, 2012
Order granting Plaintiffs’ motion for order conditionally certifying settlement class and preliminarily approving class action settlement.
Lovaglio v. W & E Hospitality Inc.
March 12, 2012
Proposed order granting Plaintiffs’ motion for preliminary approval of settlement, conditional certification of the settlement class, appointment of Fitapelli & Schaffer, LLP as class counsel, and approval of the proposed notice of settlement and class action procedure.
Salomon v. Adderley Industries, Inc
March 6, 2012
Order granting Plaintiff’s motion for conditional certification of the collective action, to compel Defendant to provide information regarding similarly situated employees for the six-year period prior to the lawsuit, and for court-authorized notice under § 216(b) of the FLSA.
Anthony v. Franklin First Financial, Ltd.
February 21, 2012
Order awarding Attorneys’ fees and all costs.
Benavidez v. Plaza Mexico Inc.
February 15, 2012
Order granting Plaintiffs’ motion for partial summary judgment.
Matheson v. T-Bone Restaurant, LLC Part 2
December 13, 2011
Order granting Plaintiffs’ motion for certification of settlement class, final approval of a six-figure class action settlement, and approval of FLSA settlements, granting Plaintiffs’ motion for approval of attorneys’ fees and reimbursement of expenses, and granting Plaintiffs’ motion for class representative service awards.
Matheson v. T-Bone Restaurant, LLC Part 1
September 13, 2011
Order granting Plaintiffs’ motion for preliminary approval of settlement, conditional certification of the settlement class, appointment of Outten & Golden LLP and Fitapelli & Schaffer, LLP as class counsel, and approval of the proposed notice of settlement and class action procedure.
Karic v. Major Automotive Companies, Inc.
July 20, 2011
Order granting Plaintiffs’ motion for conditional class certification.
O'Dell v. AMF Bowling Centers, Inc.
September 18, 2009
Order granting Plaintiffs’ motion for preliminary approval of settlement, conditional certification of the settlement class, appointment of Outten & Golden LLP and Fitapelli & Schaffer, LLP as class counsel, and approval of Plaintiffs’ proposed notice of settlement and class action procedure.