It has been just over five months since I moved over to Guercio & Guercio, LLP to help bolster the firm's litigation practice. During that period, our practice group has experienced success and growth. Here are some of our recent victories in both the public and private sectors:

Wage and Hour Litigation

• We obtained the voluntary dismissal of a Fair Labor Standards Act lawsuit asserted against a Queens County home health care agency. Plaintiff, a home health care aide, asserted a claim for overtime pay for live-in shifts. Following our deposition of the plaintiff, and after rejecting various settlement demands, plaintiff discontinued the action in its entirety without any settlement payment.

Legal Malpractice

• We obtained the dismissal of a legal malpractice lawsuit commenced against a real estate attorney accused of breach of fiduciary duty and defamation, among other claims. The Nassau County Supreme Court dismissed the third-party complaint against our client in its entirety and also granted our motion to disqualify the opposing attorney from representing anyone in the underlying action.

Administrative Proceedings

• We obtained the voluntary dismissal of a National Labor Relations Board investigation commenced against a commercial delivery client. The client was accused of violating collective bargaining rights.

Insurance Coverage

• We obtained a determination in the U.S. District Court for the Southern District of New York that a Bronx County commercial property owner's contractor was required to provide a defense to our client in an underlying personal injury action alleging violations of the New York State Labor Law. The contractor's insurer refused to provide a defense and following our motion for reconsideration based on newly discovered evidence, the Court found in our client's favor, thus, requiring the insurer to provide a defense.

Public Sector Clients

• We obtained the dismissal of an Article 78 petition challenging the rejection of a police officer candidate. The Court found no basis to disturb the decision of the municipality's psychological appeals committee.
• We obtained the pre-answer dismissal of various Constitutional claims asserted by a family against a Nassau County school district, its Board of Education, and administrators arising out of the enforcement of State requirements. The Court rejected freedom of assembly and association claims finding no authority establishing a constitutional right to go onto school property. The Court also dismissed the family's due process and equal protection claims.
• We obtained the pre-answer dismissal of a negligence lawsuit against a Nassau County school district and its Superintendent of Schools alleging detrimental reliance upon an alleged representation as to pension benefits provided upon retirement. The Court agreed that plaintiff did not allege a special duty and dismissed the action in its entirety.
• We obtained the pre-answer dismissal of a federal due process lawsuit asserted against a Nassau County public school district and its administrators. The Court agreed that plaintiffs could not sustain a procedural due process claim as to a student suspension. The Court agreed that plaintiffs received adequate notice of the charges and an opportunity to be heard prior to the imposition of the student suspensions. The Court also found there could not be a federal claim against the District in the absence of any underlying Constitutional violation.
• We obtained the dismissal of a New York State Division of Human Rights complaint against a Nassau County public school district filed by a parent who alleged race discrimination. The administrative agency found no probable cause to sustain the claim and that the imposition of district policy was proper and in accordance with the law.
• We obtained the dismissal of a federal lawsuit filed by a former building principal of a Nassau County public school district dismissed for improper conduct who then brought suit against the district and his accusers. The Court granted our motion to dismiss the complaint which alleged a lack of jurisdiction and that the matter was barred by the outcome of prior proceedings.
• We obtained the dismissal of a New York State Division of Human Rights complaint against a Suffolk County public school district filed by an employee who alleged sexual harassment and disability discrimination. The administrative agency found no probable cause to sustain the claim and that the claims were procedurally and substantively deficient.

         We continue to serve our public and private sector clients in all types of litigation and corporate counseling. These include Constitutional claims, land use disputes, labor and employment matters, and various other types of claims brought before federal courts, state courts, arbitrators, and administrative agencies. Please do not hesitate to contact our team of Adam Kleinberg, Matthew Mehnert, Connor Mulry, Bailey Thomas, Jared Sanders, and Samantha Wade with any questions or concerns.