At Beranbaum Menken, we litigate cases aggressively and creatively and are not afraid to fight for our clients at trial or in arbitration.
We have litigated many discrimination matters, individual and class actions alleging wage and hour violations, and whistleblowing suits. We also negotiate employment agreements that contain non-solicitation and non-compete provisions and, if necessary, litigate them as well. Here are some of our notable cases:.
United States of America, ex rel. Joan Gallagher v. Intermune, Inc.,
In this whistleblower action, we represented a sales representative who exposed her the drug manufacturer’s fraudulent scheme to unlawfully sell a drug “off-label.” After the U.S. Department of Justice intervened, a $42 million settlement was reached, with $5.7 million allocated to our client.
Dr. S. v. the City of New York
191 F.Supp3d 303 (S.D.N.Y. 2016). We represented a dentist who was fired after working for NYC Health and Hospitals Corp. for over 20 years because he had the Hepatitis C virus. We brought the case in federal court and alleged that Dr. S was terminated because the City “regarded” him as disabled. The “regarded as” prong of the federal, state and city laws protects employees from being stereotyped as unable to work when, despite their perceived illness, they can perform the essential functions of their job. After nearly two years of extensive litigation, we settled this case on behalf of our client for $555,000.
Gambacorta v. the City of New York
We represented a legally blind clinical psychologist who had created his own way of memorializing his therapy sessions with the help of a volunteer assistant, and was admirably performing his job despite his disability and the hostility of a new supervisor. Dr. Gambacorta was fired after treating patients for 23 years based on his supervisor’s mistaken belief that he was unable to do his job because of his disability. After a successful eight-day arbitration and litigation in federal court, we obtained a settlement of $1.35 million for Dr. Gambacorta.
Tse v. UBS Financial Services, Inc.
568 F.Supp.2d 274 (S.D.N.Y 2008). We represented a female financial advisor suing UBS for sex discrimination, and obtained a jury verdict of $3.5 million. The trial court upheld the verdict in our client’s favor, but reduced the amount of damages due her. The parties, thereafter, settled the lawsuit.
Andryeyeva v. New York Health Care
153 N.Y. A.D.3d 1216 (2d Dept. 2017), aff’g 45 Misc.3d 820 (N.Y. Sup. 2014). Beranbaum Menken brought this class action on behalf of home attendants who worked 24-hour shifts but were not paid the minimum wage for all those hours. The case led to an appellate decision that established the right of those workers to get paid for all hours of their 24-hour shift. This has caused a seismic shift in the home care industry leading to an impending hearing in NY’s highest court, the New York Court of Appeals.
Ramos, et al. v. SimplexGrinnell LP
796 F.Supp.2d 346 (E.D.N.Y. 2011), question certified by 740 F.3d 852 (2d Cir. 2014), and certified question answered by 24 N.Y.3d 143 (2014), conformed to by, 773 F.3d 394 (2d Cir. 2014). Acting as lead counsel, our firm achieved an excellent result for a New York statewide class of 600 fire alarm technicians, settling the case in two parts in 2012 and 2015 for a total of $15 million. The case involved Simplex’s refusal to pay the technicians the New York prevailing wage and supplemental benefits they were entitled to while working on state projects, such as state prisons, public schools and municipal buildings. In order to succeed, we were forced to litigate in the New York Court of Appeals and the United States Second Circuit Court of Appeals.
98 Banquet Waiters v. Major NYC Hotel
Acting as lead counsel, we represented 98 banquet waiters who were not paid their gratuities in violation of New York Labor Law. To hide its wage theft, the Hotel added an 18% “service charge” to customers’ invoices and kept it rather than passing it on to the waiters. After over 3 years of litigation, the case settled for $3.2 million.
35 Computer Programmers and Technicians v. NYC Start-up
We represented 35 computer programmers and technicians against a NYC start-up company that stopped paying its employees their wages. Repeatedly promising the employees it will pay them when new venture capital money was invested, the employees were not paid, lost patience and authorized us to commence an action in federal court. Soon after the case was filed, the case was settled for approximately $660,000.
United States of America, ex rel. Richard Faden v. Young Adult Institute
In this whistleblower action, we, along with co-counsel, represented an executive who identified a non-profit’s false and illegal pattern of billing the federal and state government for therapeutic services that were not provided. With the help of the U.S. Department of Justice, an $18 million settlement was reached, with $3.4 million paid to our client.
Grottano, et al., v. City of New York
With our wealth of experience successfully litigating civil rights and strip search cases on behalf of pre-trial detainees, we accepted the NAACP Legal Defense Fund’s invitation to co-counsel this case on behalf of a class of visitors who were subject to invasive searches upon entry into City of New York jails to visit their family and friends.
Stega v. New York Downtown Hospital
__ N.E.3d __, 2018 Slip Op 04687 (N.Y. Ct, of App. June 27, 2018). We brought this defamation action and established a precedent that allegedly defamatory statements made to a federal investigator are not absolutely privileged where the victim had no right in the administrative proceeding to clear her name.
Ferris v. Delta Air Lines, Inc.
277 F.3d 224 (2d Cir. 2001). We won a reversal of summary judgment in this sexual harassment case. In reversing summary judgment, the United States Court of Appeals for the Second Circuit held that a hotel room where a flight attendant was allegedly sexually assaulted by a co-worker was a “work environment” under Title VII of the Civil Rights Act.