EMPLOYMENT LITIGATION

DECISIONS OF INTEREST

Fitapelli & Schaffer are recognized leaders in employment law. Our litigated cases have produced consistent results and groundbreaking decisions. Below is a sampling of some recent and notable decisions of interest.  Note that this website is not affiliated or endorsed by any of the companies below, but rather provides information regarding court cases involving those companies.

Rosa Mexicano

View Decision

Rosa Mexicano

April 13, 2018

Granting Final Approval of Class Action Settlement.

TGI Fridays

View Decision

TGI Fridays

April 9, 2018

Granting Final Approval of Class Action Settlement.

Raymour Flanigan

View Decision

Raymour Flanigan

November 28, 2017

Denial of Defendants’ Motion to Compel Arbitration.

Bar Louie

View Decision

Bar Louie

November 15, 2017

Court Grants Plaintiffs’ Motion for a Nationwide Collective Action.

Rosa Mexicano

View Decision

Rosa Mexicano

November 15, 2017

Granting Approval of Notice to Class Regarding Proposed Class and Collective Action Settlement.

TGI Fridays

View Decision

TGI Fridays

October 26, 2017

Granting Preliminary Approval of Class Action Settlement.

American Eagle

View Decision

American Eagle

September 11, 2017

Granting Final Approval of Class Action Settlement.

Bar Louie

View Decision

Bar Louie

August 8, 2017

Court Denies Defendants’ Motion to Dismiss.

Star Nissan

View Decision

Star Nissan

April 12, 2017

Order Granting Plaintiffs’ Motion for Conditional Class Certification.

Mexican Radio Corp

View Decision

Mexican Radio Corp

March 30, 2017

Denial of Defendants’ Motion to Dismiss.

American Eagle

View Decision

American Eagle

January 24, 2017

Granting Preliminary Approval of Class Action Settlement.

Marina Ice Cream

View Decision

Marina Ice Cream

December 8, 2016

Granting Preliminary Approval of Class Action Settlement.

Koi Restaurant

View Decision

Koi Restaurant

October 7, 2016

Final Judgment and order granting final approval of class action settlement.

Sushi Samba

View Decision

Sushi Samba

June 30, 2016

Final Judgment and order granting final approval of class action settlement.

Koi Restaurant

View Decision

Koi Restaurant

May 31, 2016

Granting Preliminary Approval of Class Action Settlement.

Capital Grille

View Decision

Capital Grille

May 20, 2016

Granting Preliminary Approval of Class Action Settlement.

Major World

View Decision

Major World

April 27, 2016

Final Judgment and order granting final approval of class action settlement.

Sushi Samba

View Decision

Sushi Samba

March 14, 2016

Granting Preliminary Approval of Class Action Settlement.

Leros Point to Point

View Decision

Leros Point to Point

February 26, 2016

Final Judgment and order granting final approval of class action settlement.

Petco Groomers

View Decision

Petco Groomers

January 19, 2016

Order granting Plaintiffs’ motion for conditional class certification.

Major World

View Decision

Major World

December 22, 2015

Granting Preliminary Approval of Class Action Settlement.

Bells Nurses Registry & Employment Agency, Inc.

View Decision

Bells Nurses Registry & Employment Agency, Inc.

December 21, 2015

Final Judgment and order granting final approval of class action settlement.

TGI Fridays

View Decision

TGI Fridays

November 3, 2015

Judge Grants Motion to Extend the Notice Period for FLSA Opt-ins to Join the Case.

Exploration Drilling

View Decision

Exploration Drilling

October 15, 2015

Order granting Plaintiffs’ motion for conditional class certification.

Lopez v. The Dinex Group, LLC

View Decision

Lopez v. The Dinex Group, LLC

October 6, 2015

Final Judgment and order granting final approval of class action settlement.

Bravo v. Palm West

View Decision

Bravo v. Palm West

September 30, 2015

Granting Preliminary Approval of Class Action Settlement.

Long v. HSBC

View Decision

Long v. HSBC

September 11, 2015

Granting Preliminary Approval of Class Action Settlement.

Leros Point to Point

View Decision

Leros Point to Point

September 2, 2015

Granting Preliminary Approval of Class Action Settlement.

M&T Bank

View Decision

M&T Bank

August 19, 2015

Order granting Plaintiffs’ motion for conditional class certification.

CHEETAHS GENTLEMEN'S CLUB & RESTAURANT

View Decision

CHEETAHS GENTLEMEN’S CLUB & RESTAURANT

July 30, 2015

Order granting Plaintiffs’ motion for conditional class certification.

Lopez v. The Dinex Group, LLC

View Decision

Lopez v. The Dinex Group, LLC

June 23, 2015

Granting Preliminary Approval of Class Action Settlement.

Fernandez v. Legends Hospitality

View Decision

Fernandez v. Legends Hospitality

June 20, 2015

Final Judgment and order granting final approval of class action settlement.

Hamadou v. Hess

View Decision

Hamadou v. Hess

June 18, 2015

Final Judgment and order granting final approval of class action settlement.

Carpenter v. Paige Hospitality

View Decision

Carpenter v. Paige Hospitality

June 2, 2015

Final Judgment and order granting final approval of class action settlement.

Flynn v. New York Dolls

View Decision

Flynn v. New York Dolls

April 28, 2015

Final Judgment and order granting final approval of class action settlement.

Flood v. Carlson Restaurants Inc.

View Decision

Flood v. Carlson Restaurants Inc.

March 27, 2015

Court Denies TGI Fridays’ Motion to Dismiss and Change Venue.

Scott v. Chipotle Mexican Grill

View Decision

Scott v. Chipotle Mexican Grill

March 27, 2015

Court Orders Chipotle to Turn Over Privileged Documents.

Monzon v. 103 W77 Partners

View Decision

Monzon v. 103 W77 Partners

March 5, 2015

Final Judgment and order granting final approval of class action settlement.

TGI Fridays

View Decision

TGI Fridays

January 20, 2015

Plaintiffs’ Motion for Nation-Wide Conditional Certification Granted.

Scott v. Chipotle Mexican Grill

View Decision

Scott v. Chipotle Mexican Grill

December 18, 2014

Chipotle Loses Motion For Protective Order.

Monzon v. 103 W77 Partners

View Decision

Monzon v. 103 W77 Partners

October 15, 2014

Granting Preliminary Approval of Class Action Settlement.

Flynn v. New York Dolls

View Decision

Flynn v. New York Dolls

October 6, 2014

Granting Preliminary Approval of Class Action Settlement.

Royal Healthcare

View Decision

Royal Healthcare

July 31, 2014

Final Approval of Seven Figure Class Action Settlement.

Gonyer v. Vane line

View Decision

Gonyer v. Vane line

July 28, 2014

Granting Plaintiffs’ Motion to Amend the Complaint and Ruling that the Accepted Rule 68 does not moot the case.

Trimmer v. Barnes & Noble

View Decision

Trimmer v. Barnes & Noble

July 18, 2014

Denying Defendants’ Motion for Summary Judgment as to Willfulness, Executive Exemption and Administrative Exemption for Salaried Assistant Managers.

Scott v. Chipotle Mexican Grill

View Decision

Scott v. Chipotle Mexican Grill

July 2, 2014

Granting Plaintiffs’ motion to amend the complaint.

Juarez v. 449 Restaurant Inc.

View Decision

Juarez v. 449 Restaurant Inc.

July 2, 2014

Order granting Plaintiffs’ motion for conditional class certification.

Flores v. One Hanover

View Decision

Flores v. One Hanover

June 9, 2014

Final Judgment and order granting final approval of class action settlement.

Scott v. Chipotle Mexican Grill

View Decision

Scott v. Chipotle Mexican Grill

June 9, 2014

Order Granting Plaintiffs’ Motion to Limit Scope of Discovery in a Class Action.

Major World

View Decision

Major World

April 16, 2014

Order granting Plaintiffs’ motion for partial summary judgment.

Fernandez v. Legends Hospitality

View Decision

Fernandez v. Legends Hospitality

April 1, 2014

Decision Granting Appeal in Favor of Yankee Stadium Workers.

Mama Mexico

View Decision

Mama Mexico

March 21, 2014

Decision Granting Default Judgment of over $9 Million in Unpaid Wages and Overtime.

Flores v. One Hanover

View Decision

Flores v. One Hanover

February 18, 2014

Granting Preliminary Approval of Class Action Settlement.

Simsek v. Fidelis Care

View Decision

Simsek v. Fidelis Care

February 14, 2014

Final Judgment and order granting final approval of class action settlement.

Scott v. Chipotle Mexican Grill

View Decision

Scott v. Chipotle Mexican Grill

October 25, 2013

Denial of Chipotle’s motion to appeal conditional certification.

Yuzary v. HSBC

View Decision

Yuzary v. HSBC

October 2, 2013

Final judgment and order granting final approval of a seven-figure class action settlement.

Capital Grille

View Decision

Capital Grille

September 20, 2013

Granting Motion for Conditional Certification under the FLSA for all locations Nation-Wide since November 2008.

Public House

View Decision

Public House

September 10, 2013

Final judgment and order granting final approval of a seven-figure class action settlement.

Sukhnandan v. Royal Health Care

View Decision

Sukhnandan v. Royal Health Care

September 3, 2013

Granting Preliminary Approval of Class Action Settlement.

Salomon v. Adderley Industries, Inc

View Decision

Salomon v. Adderley Industries, Inc

August 16, 2013

Granting Plaintiffs’ motion to amend the complaint to add a parent company and individual Defendants.

Astoria Brewhouse

View Decision

Astoria Brewhouse

August 6, 2013

Denying Defendants’ motion to dismiss based on the recent Supreme Court Case, Genesis Healthcare.

Pollock v. Legends Hospitality and New York Yankees

View Decision

Pollock v. Legends Hospitality and New York Yankees

July 25, 2013

Granting Plaintiffs’ Motion for Collective Action Certification pursuant to the Fair Labor Standards Act.

Bonilla v. A-1 Moving and Sher-Del

View Decision

Bonilla v. A-1 Moving and Sher-Del

July 17, 2013

Granting Plaintiff’ Motion to Dismiss Counterclaims and Denying Defendants’ Motion to Dismiss.

Public House

View Decision

Public House

May 22, 2013

Granting Preliminary Approval of Class Action Settlement.

Yuzary v. HSBC

View Decision

Yuzary v. HSBC

April 30, 2013

Granting Preliminary Approval of Class Action Settlement.

Ritz v. Mike Rory Corp

View Decision

Ritz v. Mike Rory Corp

April 30, 2013

Granting Plaintiffs’ Motion for Collective Action Certification pursuant to the Fair Labor Standards Act.

Ryan v. Centerplate

View Decision

Ryan v. Centerplate

March 7, 2013

Final Approval of Class Action Settlement of $750,000 covering servers and runners at Old Yankee Stadium.

Ryan v. Centerplate / Volume Services

View Decision

Ryan v. Centerplate / Volume Services

December 6, 2012

Preliminary approval of class action settlement on behalf of workers at Old Yankee Stadium.

Tiro v. Public House

View Decision

Tiro v. Public House

December 4, 2012

Decision granting class certification and appointing Fitapelli & Schaffer as Class Counsel.

Girault v. Supersol 661 Amsterdam, LLC. Part 2

View Decision

Girault v. Supersol 661 Amsterdam, LLC. Part 2

October 5, 2012

Final Judgment and order granting final approval of class action settlement.

Lovaglio v. W & E Hospitality Inc. Part 2

View Decision

Lovaglio v. W & E Hospitality Inc. Part 2

July 6, 2012

Final judgment and order granting final approval of a seven-figure class action settlement.

Girault v. Supersol 661 Amsterdam, LLC.

View Decision

Girault v. Supersol 661 Amsterdam, LLC.

June 28, 2012

Order granting Plaintiffs’ motion for order conditionally certifying settlement class and preliminarily approving class action settlement.

Lovaglio v. W & E Hospitality Inc.

View Decision

Lovaglio v. W & E Hospitality Inc.

March 12, 2012

Proposed order granting Plaintiffs’ motion for preliminary approval of settlement, conditional certification of the settlement class, appointment of Fitapelli & Schaffer, LLP as class counsel, and approval of the proposed notice of settlement and class action procedure.

Salomon v. Adderley Industries, Inc

View Decision

Salomon v. Adderley Industries, Inc

March 6, 2012

Order granting Plaintiff’s motion for conditional certification of the collective action, to compel Defendant to provide information regarding similarly situated employees for the six-year period prior to the lawsuit, and for court-authorized notice under § 216(b) of the FLSA.

Anthony v. Franklin First Financial, Ltd.

View Decision

Anthony v. Franklin First Financial, Ltd.

February 21, 2012

Order awarding Attorneys’ fees and all costs.

Benavidez v. Plaza Mexico Inc.

View Decision

Benavidez v. Plaza Mexico Inc.

February 15, 2012

Order granting Plaintiffs’ motion for partial summary judgment.

Matheson v. T-Bone Restaurant, LLC Part 2

View Decision

Matheson v. T-Bone Restaurant, LLC Part 2

December 13, 2011

Order granting Plaintiffs’ motion for certification of settlement class, final approval of a six-figure class action settlement, and approval of FLSA settlements, granting Plaintiffs’ motion for approval of attorneys’ fees and reimbursement of expenses, and granting Plaintiffs’ motion for class representative service awards.

Matheson v. T-Bone Restaurant, LLC Part 1

View Decision

Matheson v. T-Bone Restaurant, LLC Part 1

September 13, 2011

Order granting Plaintiffs’ motion for preliminary approval of settlement, conditional certification of the settlement class, appointment of Outten & Golden LLP and Fitapelli & Schaffer, LLP as class counsel, and approval of the proposed notice of settlement and class action procedure.

Karic v. Major Automotive Companies, Inc.

View Decision

Karic v. Major Automotive Companies, Inc.

July 20, 2011

Order granting Plaintiffs’ motion for conditional class certification.

O'Dell v. AMF Bowling Centers, Inc.

View Decision

O’Dell v. AMF Bowling Centers, Inc.

September 18, 2009

Order granting Plaintiffs’ motion for preliminary approval of settlement, conditional certification of the settlement class, appointment of Outten & Golden LLP and Fitapelli & Schaffer, LLP as class counsel, and approval of Plaintiffs’ proposed notice of settlement and class action procedure.