Federal diversity jurisdiction provides a neutral forum for litigants from different states, preventing state court bias against out-of-state defendants. But just as defendants often prefer their case be venued in federal court, plaintiffs often prefer to stay in their home state court. Enter the fraudulent joinder, where the plaintiff attempts […]
Voluntary dismissal of claims can be a smart strategic move in the right case at the right time for a number of reasons. Perhaps a better venue is available, or the client decided it’s not the right time to bring the claims. However, it is important to carefully draft a […]
New York law dictates that legal relief (monetary damages) can be tried by a jury, but equitable relief can only be tried by the court. But what happens in a hybrid case where the complaint seeks both legal and equitable relief? Is a plaintiff still entitled to demand a trial […]
The New York State Human Rights Law and New York City Human Rights Law (the “Human Rights Laws”) impose civil liability on New York employers who fail to promote an employee or hire a prospective employee based on discriminatory considerations such as race, sex, religion, or disability. But do these […]
New York Labor Law (NYLL) Section 191 requires employers to pay manual workers on a weekly basis. In 2019, the First Department in Vega v. CM & Associates Construction Management, LLC (Vega) held that applied together, NYLL Sections 191 and 198 provide an express and implied private right of action […]