Offer of Judgment – Pospis Law, PLLC

April 19, 2016 by mjpospis

Accepted Offer of Judgment Did Not Foreclose Attorney Fees in Discrimination/Hostile Work Environment Case

In Glenn v. Fuji Grill Niagara Falls, LLC, No. 14-CV-380S, 2016 WL 1557751 (W.D.N.Y. Apr. 18, 2016), the court discussed whether and to what extent a party who has accepted an “Offer of Judgment” in a Title VII discrimination suit may thereafter seek costs, including attorney fees. The answer, unsurprisingly, turns on the terms of…

Overtime Complaint Was Not Moot in Light of Open-Ended Allegation of Hours Worked

In Boutros v. JTC Painting, the Southern District of New York denied defendants’ motion to dismiss plaintiffs’ complaint seeking unpaid overtime under the Fair Labor Standards Act and the New York Labor Law. Plaintiffs are painters who worked for defendant JTC, a painting contractor owned by co-defendant Caruso. They allege that JTC failed to pay…