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.
Banta Management Services, Inc.
Apr 25, 2022
Order Granting Plaintiff's Motion for Conditional Certification of the FLSA Collective Action and Approval of Proposed Notices.
Corporate Express, Inc.
Mar 31, 2022
Order Granting Plaintiff's motion to dismiss Defendants’ faithless servant and unjust enrichment counterclaim.
Zara USA, INC.
May 3, 2021
Order Granting Plaintiffs' Motion for Conditional Class Certification.
Wells Fargo
Mar 15, 2021
Order Granting Plaintiffs' Motion for Conditional Class Certification.
MBI Energy Services
Sep 22, 2020
District Judge Approves Order Granting Plaintiffs' Motion for Conditional Class Certification.
Brooklyn Born Chocolate
May 6, 2020
Order Granting Plaintiffs' Motion for Conditional Class Certification.
MBI Energy Services
Feb 25, 2020
Order Granting Plaintiffs' Expedited Motion for Conditional Certification and Notice.
Berry Bros
Sep 23, 2019
Order Granting Plaintiffs' Motion for Nationwide Conditional Class Certification and Notice.
American Eagle
Apr 30, 2019
Second Circuit's Decision Affirming Approval of Settlement by District Court.
Bar Louie
Nov 15, 2017
Court Grants Plaintiffs’ Motion for a Nationwide Collective Action.
Rosa Mexicano
Nov 15, 2017
Granting Approval of Notice to Class Regarding Proposed Class and Collective Action Settlement.
Star Nissan
Apr 12, 2017
Order Granting Plaintiffs' Motion for Conditional Class Certification.
Marina Ice Cream
Dec 8, 2016
Granting Preliminary Approval of Class Action Settlement.
Koi Restaurant
Oct 7, 2016
Final Judgment and order granting final approval of class action settlement.
Sushi Samba
Jun 30, 2016
Final Judgment and order granting final approval of class action settlement.
Major World
Apr 27, 2016
Final Judgment and order granting final approval of class action settlement.
Leros Point to Point
Feb 26, 2016
Final Judgment and order granting final approval of class action settlement.
Petco Groomers
Jan 19, 2016
Order granting Plaintiffs' motion for conditional class certification.
Bells Nurses Registry & Employment Agency, Inc.
Dec 21, 2015
Final Judgment and order granting final approval of class action settlement.
TGI Fridays
Nov 3, 2015
Judge Grants Motion to Extend the Notice Period for FLSA Opt-ins to Join the Case.
Exploration Drilling
Oct 15, 2015
Order granting Plaintiffs' motion for conditional class certification.
Lopez v. The Dinex Group, LLC
Oct 6, 2015
Final Judgment and order granting final approval of class action settlement.
Bravo v. Palm West
Sep 30, 2015
Granting Preliminary Approval of Class Action Settlement.
Leros Point to Point
Sep 2, 2015
Granting Preliminary Approval of Class Action Settlement.
M&T Bank
Aug 19, 2015
Order granting Plaintiffs' motion for conditional class certification.
CHEETAHS GENTLEMEN'S CLUB & RESTAURANT
Jul 30, 2015
Order granting Plaintiffs' motion for conditional class certification.
Lopez v. The Dinex Group, LLC
Jun 23, 2015
Granting Preliminary Approval of Class Action Settlement.
Fernandez v. Legends Hospitality
Jun 20, 2015
Final Judgment and order granting final approval of class action settlement.
Hamadou v. Hess
Jun 18, 2015
Final Judgment and order granting final approval of class action settlement.
Carpenter v. Paige Hospitality
Jun 2, 2015
Final Judgment and order granting final approval of class action settlement.
Flynn v. New York Dolls
Apr 28, 2015
Final Judgment and order granting final approval of class action settlement.
Flood v. Carlson Restaurants Inc.
Mar 27, 2015
Court Denies TGI Fridays' Motion to Dismiss and Change Venue.
Scott v. Chipotle Mexican Grill
Mar 27, 2015
Court Orders Chipotle to Turn Over Privileged Documents.
Monzon v. 103 W77 Partners
Mar 5, 2015
Final Judgment and order granting final approval of class action settlement.
TGI Fridays
Jan 20, 2015
Plaintiffs' Motion for Nation-Wide Conditional Certification Granted.
Scott v. Chipotle Mexican Grill
Dec 18, 2014
Chipotle Loses Motion For Protective Order.
Monzon v. 103 W77 Partners
Oct 15, 2014
Granting Preliminary Approval of Class Action Settlement.
Flynn v. New York Dolls
Oct 6, 2014
Granting Preliminary Approval of Class Action Settlement.
Gonyer v. Vane line
Jul 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
Jul 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
Jul 2, 2014
Granting Plaintiffs' motion to amend the complaint.
Juarez v. 449 Restaurant Inc.
Jul 2, 2014
Order granting Plaintiffs' motion for conditional class certification.
Flores v. One Hanover
Jun 9, 2014
Final Judgment and order granting final approval of class action settlement.
Scott v. Chipotle Mexican Grill
Jun 9, 2014
Order Granting Plaintiffs' Motion to Limit Scope of Discovery in a Class Action.
Major World
Apr 16, 2014
Order granting Plaintiffs' motion for partial summary judgment.
Fernandez v. Legends Hospitality
Apr 1, 2014
Decision Granting Appeal in Favor of Yankee Stadium Workers.
Mama Mexico
Mar 21, 2014
Decision Granting Default Judgment of over $9 Million in Unpaid Wages and Overtime.
Flores v. One Hanover
Feb 18, 2014
Granting Preliminary Approval of Class Action Settlement.
Simsek v. Fidelis Care
Feb 14, 2014
Final Judgment and order granting final approval of class action settlement.
Scott v. Chipotle Mexican Grill
Oct 25, 2013
Denial of Chipotle's motion to appeal conditional certification.
Yuzary v. HSBC
Oct 2, 2013
Final judgment and order granting final approval of a seven-figure class action settlement.
Capital Grille
Sep 20, 2013
Granting Motion for Conditional Certification under the FLSA for all locations Nation-Wide since November 2008.
Public House
Sep 10, 2013
Final judgment and order granting final approval of a seven-figure class action settlement.
Sukhnandan v. Royal Health Care
Sep 3, 2013
Granting Preliminary Approval of Class Action Settlement.
Salomon v. Adderley Industries, Inc
Aug 16, 2013
Granting Plaintiffs' motion to amend the complaint to add a parent company and individual Defendants.
Astoria Brewhouse
Aug 6, 2013
Denying Defendants' motion to dismiss based on the recent Supreme Court Case, Genesis Healthcare.
Pollock v. Legends Hospitality and New York Yankees
Jul 25, 2013
Granting Plaintiffs’ Motion for Collective Action Certification pursuant to the Fair Labor Standards Act.
Bonilla v. A-1 Moving and Sher-Del
Jul 17, 2013
Granting Plaintiff’ Motion to Dismiss Counterclaims and Denying Defendants’ Motion to Dismiss.
Ritz v. Mike Rory Corp
Apr 30, 2013
Granting Plaintiffs’ Motion for Collective Action Certification pursuant to the Fair Labor Standards Act.
Ryan v. Centerplate
Mar 7, 2013
Final Approval of Class Action Settlement of $750,000 covering servers and runners at Old Yankee Stadium.
Ryan v. Centerplate / Volume Services
Dec 6, 2012
Preliminary approval of class action settlement on behalf of workers at Old Yankee Stadium.
Tiro v. Public House
Dec 4, 2012
Decision granting class certification and appointing Fitapelli & Schaffer as Class Counsel.
Girault v. Supersol 661 Amsterdam, LLC. Part 2
Oct 5, 2012
Final Judgment and order granting final approval of class action settlement.
Lovaglio v. W & E Hospitality Inc. Part 2
Jul 6, 2012
Final judgment and order granting final approval of a seven-figure class action settlement.
Girault v. Supersol 661 Amsterdam, LLC.
Jun 28, 2012
Order granting Plaintiffs’ motion for order conditionally certifying settlement class and preliminarily approving class action settlement.
Lovaglio v. W & E Hospitality Inc.
Mar 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
Mar 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.
Feb 21, 2012
Order awarding Attorneys’ fees and all costs.
Benavidez v. Plaza Mexico Inc.
Feb 15, 2012
Order granting Plaintiffs’ motion for partial summary judgment.
Matheson v. T-Bone Restaurant, LLC Part 2
Dec 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
Sep 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.
Jul 20, 2011
Order granting Plaintiffs’ motion for conditional class certification.
O'Dell v. AMF Bowling Centers, Inc.
Sep 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.

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