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The United States Court of Appeals for the Eleventh Circuit reversed the dismissal of a complaint alleging defendants violated the Americans with Disabilities Act (ADA) by failing to ensure that their website was compatible with screen reading software. The Court held “the...

Principals of General Contractor Jointly and Severally Liable Pursuant to Article 3a of New York’s Lien Law

11 Jul 2018

Diana Malave

Despite denying class certification the Supreme Court, New York County held the principals of the general contractor were jointly and severally liable to plaintiffs pursuant to Article 3a of New York’s Lien Law because the defendants failed to provide the statutorily required...

Defective Power of Attorney Leads to Dismissal

15 Jun 2018

Diana Malave

The Supreme Court, Queens County, dismissed plaintiff’s complaint for lack of standing holding that the New York Statutory Short Form Power of Attorney executed by plaintiff was defective. Plaintiff commenced this action by way of her attorney, through a New York Statutory...

Supreme Court Upholds Class Action Waivers in Context of FLSA Claims

21 May 2018

Diana Malave

The Supreme Court upheld the enforceability of arbitration agreements containing class and collective action waivers of wage and hour disputes. The Court held that Congress, through the Federal Arbitration Act, “has instructed federal courts to enforce arbitration agreements according to their terms—including...

Judgment Improperly Entered Against Intervening Defendant Vacated

21 Feb 2018

Diana Malave

The United States District Court for the District of Connecticut vacated a judgment that was improperly entered against an intervening defendant. The Court held that the judgment against the intervening defendant was an inadvertent error as no claims were asserted against the...

Appellate Division Precludes Transferor of Name From Using Associated URL

24 Mar 2016

Joseph Paykin

Appellate Division, Second Department holds the transfer of a name precludes the transferor from utilizing a URL which contains the transferred name. The Court further held that such practice would likely cause confusion and therefore, issued a preliminary injunction prohibiting the transferor...

Informational Website for Places of Public Accommodation Subject to ADA

Principals of General Contractor Jointly and Severally Liable Pursuant to Article 3a of New York’s Lien Law

Defective Power of Attorney Leads to Dismissal

Supreme Court Upholds Class Action Waivers in Context of FLSA Claims

Judgment Improperly Entered Against Intervening Defendant Vacated

Appellate Division Precludes Transferor of Name From Using Associated URL

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