Class and Multi-party Actions
BMBB, along with co-counsel, represented a large class of waiters who were not paid their gratuities by a major New York City hospitality vendor. After substantial litigation in New York State Supreme Court, secured a multi-million dollar confidential settlement for the waiters.
In
Sipas v. Sammy's Fishbox, Inc., No. 05 Civ. 10319, 2006 U.S. Dist. LEXIS 24318 (S.D.N.Y. April 24, 2006) (certifying FLSA collective action), BMBB represented a class of parking lot attendants who were not paid a minimum wage by their employer, the owner of the five largest restaurants in City Island (Bronx), New York. BMBB succeeded in having the federal district court certify the plaintiff class for purposes of settlement.
In
Kahler v. County of Rensselaer, BMBB, along with co-counsel, represented a class of 2,700 arrestees challenging the constitutionality of pre-arraignment strip searches. BMBB secured a $2.7 million settlement for the class.
In
Marriott v. County of Montgomery, BMBB, along with co-counsel, represents a class of approximately 1,500 arrestees also challenging the constitutionality of pre-arraignment strip searches. In a rare ground-breaking decision reported in the New York Law Journal, a federal judge granted plaintiffs class certification and preliminarily enjoined the defendants from continuing their illegal strip search practices. This decision was recently affirmed by the United States Court of Appeals.
In
Kelsey v. County of Schoharie, BMBB, along with co-counsel, represents another class of arrestees challenging the constitutionality of pre-arraignment strip searches. In a widely reported decision, the federal court for the Northern District of New York ruled that the Prison Litigation Reform Act does not apply to cases brought by former prison inmates who are not incarcerated when the lawsuit is filed. This was a significant victory for civil rights plaintiffs throughout the country.
Individual Civil Rights Cases
Republican National Convention Protestor Cases: BMBB on a
pro bono basis, BMBB represented over a dozen protestors at the 2004 Republican National Convention. They were falsely arrested and maliciously prosecuted as part of the NYC Police Department’s unconstitutional policy to suppress dissent. Many of these individuals have retained BMBB to bring civil rights actions for false arrest, malicious prosecution and excessive force. We are committed to vindicating our clients’ rights to peaceably assemble and express their political views.
In
Zirlin v. Village of Scarsdale, BMBB proceeded to trial and to the United States Court of Appeals in an attempt to vindicate the rights of a corporate lawyer and well known beetle collector who was held in handcuffs and at gunpoint by Scarsdale police for possessing a pocket knife in the woods.
In
Monaco v. Smith, BMBB represented a deposed union Vice President in a lawsuit against his former union for violating his federally protected right to protest fraud and corruption.
BMBB has represented New York City residents who have had their Fourth Amendment rights (to be free from search, seizure and excessive force) violated. Many of our clients obtained substantial settlements due to our aggressive legal work.
