Second-Circuit-Court-of-Appeals-SealBy Gerald L. Maatman Jr. and Howard M. Wexler

On March 4, 2015, the U.S. Court of Appeals for the Second Circuit reversed a District Court’s decision to certify a class action against Nextel Communications, Inc. (“Nextel”) in Johnson, et al v. Nextel Communications, Inc., et. al., 2015 U.S. App. LEXIS 3470 (2d Cir. Mar.

By Gerald L. Maatman Jr. and Howard M. Wexler

The end of daylight savings is not the only reason why employers within the Second Circuit need to be paying extra close attention to their clocks. It is not uncommon for an employer faced with a lawsuit alleging unlawful discrimination, harassment, or retaliation to be sued

By Gerald L. Maatman, Jr. and Gina R. Merrill

Defendants in class action litigation in New York federal courts have historically enjoyed a favorable state law procedural rule in certain suits.  That rule, New York Civil Practice Law and Rules § 901(b) (“Section 901(b)”), prohibits class actions suits for statutory damages.  While plaintiffs may

By Gerald L. Maatman Jr. and Howard M. Wexler

There are stunners and there are non-stunners. This is a stunner…

In one of the most highly controversial class actions currently working its way through the federal court system, the U.S. Court of Appeals for the Second Circuit issued a pair of decisions (here and

supreme-court-seal.pngBy  Gerald L. Maatman, Jr. and Jennifer A. Riley

This morning the U.S. Supreme Court issued its long-awaited decision in American Express Co. v. Italian Colors Restaurant, No. 12-133, 570 U.S. ___ (2013). The Supreme Court reversed the Second Circuit’s prior decision and held that merchants must arbitrate their antitrust claims on an individual

nyfd.jpg.w300h356.jpgBy Rebecca Bjork and Gerald L. Maatman, Jr.

Employers who face Title VII discrimination lawsuits in the Second Circuit now have some pretty explicit guidance on how to rebut a plaintiff’s attempt to state a prima facie case of pattern or practice employment discrimination at the summary judgment stage. That blueprint was issued by the