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Category: Blog: The Westchester Litigator

Win Some Lose Some: Second Circuit Affirms FLSA Fee Award Where Work on Successful and Unsuccessful Claims is “Inextricably Intertwined”


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 […]

If Permits are Wrong, You Won’t Have a Right: Town’s Erroneously Issued Permit Invalidates Application of “Vested Rights Doctrine”


For real estate developers, the issuance of a building permit should be cause for celebration at the end of an oft arduous application process.  By definition, a “permit” means the developer has the right to proceed with the project.  Going further, New York’s “vested rights doctrine” enables a developer to […]

When is a Case Big and Expensive Enough? The “Exceptional Circumstances” Prong of a Motion for an Interlocutory Appeal Under 28 U.S.C. § 1292(b)


As experienced New York appellate practitioners, we are often struck by the federal and state courts near opposite approaches to interlocutory appeals (i.e., appeals from an interim trial court decision as opposed to a final judgment).  Whereas New York state courts permit an interlocutory appeal of the majority of trial […]