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Interesting Decisions & Victories Amaker v. Hardin, et al. (N.D.N.Y. January 26, 2010) –
Defeated summary judgment motion on false arrest and malicious prosecution claims against Clinton County Correctional Facility.
Sabol v. Montclair State University,
Dist. Ct. (Cavanaugh, U.S.D.J., June 2008) – Represents plaintiff alleging retaliation by defendant when it did not
hire him for a Head Wrestling Coach/Coordinator of Student Staffing position. Plaintiff alleged that he was the most qualified
for the position and that he was retaliated against in violation of Title VII and Title IX of the Civil Rights Act, the New
Jersey Conscientious Employee Protection Act and the New Jersey Law Against Discrimination because he complained about health
and safety issues, the security protocol affecting the wrestlers and the community at large, and the disparate treatment between
male and female coaches at MSU. Finding that plaintiff offered evidence which raises an issue of fact regarding the
motive behind defendant’s decision to not hire plaintiff for the position at issue, the Court denied defendant’s
motion for summary judgment.
Costa v. The City of New York (S.D.N.Y. February 29, 2008) –
Defeated City's motion, in pursuit of police lieutenant's Equal Protection Clause claim under novel "class of one"
theory.
Marchisotto v. New York City Police Department (S.D.N.Y.,
January 25, 2007) – Won $300,000 jury verdict against the NYPD in favor of former police sergeant who was retaliated
against after complaining about sexual harassment.
Pugliese v. The Long Island Railroad
Company (E.D.N.Y., September 19, 2006) -- Defeated LIRR’s motion for summary judgment on sexual orientation discrimination
claims.
Sabol
v. Montclair State University (July 2006) -- Obtained Equal Employment Opportunity Commission (EEOC) determination that
former wrestling coach was retaliated against for speaking out against sex discrimination at University.
NASD Arbitration Victory (January 2006) -- Won award expunging defamatory information from broker's Form U-5.
NASD Arbitration Victory (April 2005) -- Served as co-counsel representing bond trader at six-day NASD employment
arbitration hearing; won award in excess of $2 million, consisting of an unpaid bonus and stock options.
E.E.O.C. v. Mr. Gold (E.D.N.Y., 2004) -- Represented several former employees of long island restaurant chain
in sexual harassment action. Action was joined by the Equal Employment Opportunity Commission (EEOC), which resulted in significant
settlement, including a consent decree and remedial policies.
Bailey v. Associated Press (S.D.N.Y., 2003) -- Represented employee of the Associated Press (AP) who brought
retaliation claim under Title VII of the Civil Rights Act of 1964. On AP’s motion for summary judgment, the Court held
that genuine issues of material fact existed as to whether adverse actions against the employee were motivated by the employee’s
filing of a complaint with the EEOC.
Konipol v. Restaurant Associates (S.D.N.Y., 2002) -- Successfully defended summary judgment motion for breast
cancer survivor in case under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).
Plasencia v. Greenfield Associates (E.D.N.Y., 2002) -- Won federal court jury verdict on sexual harassment claims
against Freeport factory owners.
Soczbak v. Massapequa Auto Salvage (New York State Division of Human Rights, 2001) -- Represented woman in sexual
harassment claims against her former employer. After public hearing, an Administrative Law Judge found that defendant employer
was liable, and awarded back pay and compensatory damages.
Mason Tenders District Council Welfare Fund v. Thomsen Construction Company (S.D.N.Y., 2001) -- Won verdict
after bench trial in the United States District Court for the Southern District of New York, protecting a small business owner
from liability to a union under a collective bargaining agreement. Verdict affirmed by United States Court of Appeals for
the Second Circuit.
Alamo
v. Champion Locksmith (New York State Supreme Court, Queens County, 2001) -- Won defamation trial, including significant punitive
damages award.
Bonitch
v. Original Honey Baked Ham Co. of the East, Inc. (E.D.N.Y., 1999) -- Successfully defended summary judgment motion for individual
with Graves’ disease who brought action against former employer alleging that he was terminated in violation of the
Americans with Disabilities Act (ADA) and the New York State Human Rights Law.
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Recent and Upcoming Activities November 3, 2010 – Will moderate panel discussion on dealing with employee
mental disabilities, New York State Bar Association Annual Meeting in Longboat Key, Florida. September 5, 2010 – Congratulations to Sean Ware for being signed to the Carolina
Panther's practice squad. We expect that Sean will soon be playing on Sundays. August 19, 2010 – Guest with Ron Kuby on The John Gambling Show, WOR Radio. July 12, 2010 – Presented program on Employment Case Evaluation at American Association
for Justice’s Annual Meeting in Vancouver, British Columbia.
May 3, 2010 – David
quoted in The Daily Advertiser:
Posted 5/3/2010 4:32 PM
CDT on theadvertiser.com
The Saints open their rookie mini-camp Friday and it goes until Sunday.
According to his agent, David Fish, Zanders was competing for two
spots out of 20 with the Packers. Now the Kentwood native will try to earn a spot with his hometown Saints, who need to strengthen
their linebacker unit.
"Adjectives used to describe
Antwyne were talented, hardworking, professional, focused and driven," Fish told The Daily Advertiser on Monday.
"The Packers seemed genuinely disappointed that they did not have a spot for him."On the bright side, Antwyne is headed to Saints camp this weekend, where I truly expect he will find a
home. He is a lifelong Saints fan, and this will really be his dream job." April 22-24, 2010 – 75th Annual NFL Draft, Radio City Music Hall, New York City. December 8, 2009 – Invited by University of Nebraska Athletic Director, Tom
Osborne, to a reception honoring Grant Wistrom to celebrate his induction into the National Football Foundation and College
Hall of Fame, at Waldorf-Astoria, New York City. October 3, 2009 - Led panel discussion on
New York Equal Employment Opportunity Law at The Sagamore in Bolton Landing, New York. September 2009 - For third year in a row, named a New
York "Super Lawyer" (see superlawyers.com). August 24, 2009 – Appeared as guest on Lena al Fuego (Time Warner Cable Channel 57)
to discuss employment law in New York. August
12, 2009 - Appointed as Officer to Criminal Law Section Executive Board of American Association of Justice. January 30, 2009 - Served on workshop panel for newly admitted attorneys (Starting Off on the Right
Foot: The Initial Client Interview) at New York State Bar Association Labor and Employment Law Section Annual Meeting. January 20, 2009 - Presented program on "Effective
Discovery" at Nassau County Bar Association. September 2008 - Again named a New York "Super Lawyer"
(see superlawyers.com). July 14, 2008 - Elected Chair
of American Association for Justice Employment Rights Executive Board. July 14, 2008 – Moderated half-day panel discussion on representing employees in discrimination
lawsuits, at the American Association for Justice’s Annual Meeting in Philadelphia.
April 28, 2008 – Recognized for years of distinguished service to the scholastic
excellence of New York Law School and the Profession.
April 2, 2008 – Presented lecture on employee medical privacy rights, American Bar Association’s Mid-Winter
Meeting in Dana Point, California. March 28,
2008 – Appointed Co-Chair of New York State Bar Association Labor and Employment Law Section EEO Committee. November 15, 2007 - Honored at Celebration of Courageous
Plaintiff Who Fought Back Tenth Annual Gala for his advocacy on behalf of female Suffolk County Police Officers. September 23, 2007 - Named a 2007 New York "Super Lawyer"
(see superlawyers.com). July 17, 2007 - Elected Vice Chair of American Association for Justice (formally ATLA) Employment
Rights Executive Board. May 4, 2007 - Awarded 2007
"Champion for Children" award for volunteer service to Parents for Megan's Law & The Crime Victims Center Summer 2006 – Helped several victims of sexual harassment
by obtaining multiple “six-figure” settlements (details withheld due to confidentiality provisions).
May 5, 2006 - Speaker at P.S. 209Q "Career Day."
April 2006 – Acknowledged for his “invaluable
dedication and encouragement” to New York Law School’s 2006 Wagner Moot Court Committee, in support of The 30th
Annual Robert F. Wagner, Sr. National Labor & Employment Law Moot Court Competition.
Quoted in Self Magazine
(October 2005) article on dealing with breast cancer in the workplace.
October 23-27, 2005 - Program Presenter
on “Strategic Turning Points in EEO Litigation” at New York State Bar Association Labor and Employment Law Section’s
Fall Meeting (Longboat Key, Florida).
August 8, 2005 - Faculty member at New York State Trial Camp at Skidmore
College.
July 25, 2005 - Elected Executive Officer (Treasurer) of Association of Trial Lawyers of America (ATLA)
Employment Rights Executive Board.
June 10, 2005 - Program Speaker at New York State Bar Association Program "Labor
and Employment Law for the General Practitioner and Corporate Counselor (New York City).
May 20, 2005 - Co-authored
paper on "Form U-5 Expungement in the Securities Industry" for NYU School of Law Annual Conference on Labor.
May 17, 2005 - Honored for service as legal advisor to H. Frank Carey High School mock trial team.
May
11, 2005 - Program Speaker at New York State Bar Association Program "Labor and Employment Law for the General Practitioner
and Corporate Counselor (Albany, New York).
March 17, 2005 - Lectured on constitutional rights and the Patriot
Act at the Friedberg Jewish Community Center in Oceanside, New York.
November 13, 2004 - Taught “Employment
Law for the General Practitioner” at Cornell Law School.
November 2, 2004 - Lectured on "Sexual Harassment
in the Workplace" to Great Neck Schools Office Staff Association.
June 2004 - Moderated program on “The
Use of Experts in Employment Discrimination Cases” at the National Employment Lawyers Association’s 2004 National
Convention in San Antonio, Texas.
March 2004 - Spoke on "Women and the Law" for the Town of Hempstead
Department of Senior Enrichment.
January 2004 - Lectured on the Family and Medical Leave Act at the Annual Winter
Meeting of the New York State Bar Association, Labor & Employment Law Section.
March 2003 - Served as Special
Professor of Law at Hofstra University School of Law, teaching appellate argument practice.
March 2003 - Presented
forum on New York Employment Law at East Meadow United Methodist Church.
June 2001 - Hired by the New York Civil
Liberties Union to act as trial counsel in a federal court action seeking to protect the rights of pregnant Suffolk County
Police Officers.
Adjunct Professor of Law at New York Law School (2003-Present).
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