CPLR 3126 provides the trial courts with broad discretion to sanction parties for failing to comply with their discovery obligations. One of the most drastic remedies is striking a party’s pleading, which requires a clear indication that a party’s failure to comply with discovery is “willful and contumacious.” Given the […]
As aggressive defense counsel, one of our first considerations when reviewing a complaint is, “Can we move to dismiss?” In an ideal scenario, the plaintiff has failed to state a claim, and a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) will dispose of the case entirely or […]
According to the Fair Labor Standards Act (FLSA) and New York’s Labor Law (NYLL), statutory fee-shifting trumps the default American rule that each party bears its own fees and costs and obligates defendants to pay the attorneys’ fees of prevailing plaintiffs. What happens when plaintiffs prevail on some claims but […]
Partner Alicia Tallbe’s promotion to Deputy Chair of Litigation was featured in the Law.com “How I Made It” column. The Q&A titled “How I Made Practice Group Deputy Chair: ‘I Have Had the Skill Set, Work Ethic and Dedication to Belong in and Lead Any Room” touches on Alicia’s career, […]
Yankwitt LLP’s relentless investigative work led the plaintiffs to move for voluntary dismissal of a frivolous racial discrimination lawsuit against Yankwitt LLP’s client, Houston’s Restaurant. Continuing to fight for its client, Yankwitt is now seeking sanctions, including attorneys’ fees, from the plaintiff for refusing the withdraw the suit at the […]
Esther Rose
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