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NEWS

Informal Discovery in Early Employment Law Mediations

by Darren P. B. Rumack

New York Dispute Resolution Lawyer – 2025 | VOL. 18 | NO. 1

As attorneys representing parties in employment cases in New York federal court are aware, odds are good that the case will wind up at mediation, often very early in the litigation (whether by choice or not). The most recent data from two of the busiest federal courts is clear: mediation of employment law claims is growing rapidly. 

FULL ARTICLE

Workers' Compensation Judge Denies Motion to Dismiss

by Robert A. Cardali - May 13, 2024

A judge recently decided in our favor to deny a motion to dismiss on a wages and hours class action lawsuit. A portion of the claim has already been resolved for through Rule 68, which allows at least 14 days before the start of a trial for serving a judgment on an opposing party.

Panel of Three Judges Awards Legal Guardian 24-Hour Care and Increased Pay

by Robert A. Cardali - March 11, 2024

A groundbreaking decision by  the workers’ compensation board panel of three judges was issued in favor of our clients caregiver. Previously, the workers’ compensation rules that applied were any person without medical experience is only entitled to an hourly pay wage of twelve dollars ($12.00) for home care for a maximum of only twelve (12) hours per day. That amount was then raised recently  to the minimum state wage of fifteen dollars ( $15.00) an hour.   However, as of March 11, 2024, the unanimous panel of judges  awarded an increased hourly wage of twenty-five ( $25.00 ) dollars an hour for twenty-four (24) hours a day. No appeal was filed by opposing party. Our client suffered multiple fractures and traumatic brain damage, as well as injuries to the neck and back, and continues to receive physical and mental rehabilitation to this day.   

Queens Construction Worker Wins Appeal in Second Department

by Robert A. Cardali - January 31, 2024

In a Labor Law appeal with the Appellate Division, Second Department, the 241(6) labor law claim was reinstated,  citing that the defendants’ submission of plaintiff’s testimony in moving for summary judgment raised a triable issue of fact, not allowing defendants to meet their prima facie burden as a summary judgment movant.  This case matter was handled by Robert A. Cardali, Esq., with the assistance of outside appellate counsel, Scott Horn, Esq., of the Horn Appellate Group  (formely know as Mischel & Horn, P.C.)

Bronx Construction Worker Wins Appeal in First Department

by Robert A. Cardali - November 9, 2023

In this matter to recover damages for a violation of Labor Law 240(1), the Appellate Division, First Department, determined that the placement of plywood over a bathtub created an elevated work platform under the statute, and thereby entitled the plaintiff to summary judgment.  This case matter was handled by Robert A. Cardali, Esq., with the assistance of outside appellate counsel, Scott Horn, Esq., of the Horn Appellate Group (formely known as  Mischel & Horn, P.C.)

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THE KLEIN & CARDALI
LAW GROUP, PLLC

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