Famighetti & Weinick, PLLC
155 Pinelawn Road, Suite 220S Melville, New York 11747

Famighetti & Weinick, PLLC Defeats Defendants’ Attempts to Dismiss Claim

On June 13, 2014, Famighetti & Weinick, PLLC filed a complaint in the United States District Court Eastern District of New York alleging, among other things, age discrimination claims on behalf of its client.

The complaint alleged violations of Federal and State age discrimination laws. Because of a procedural technicality, however, the New York State law claims were asserted against only the individual defendants and not against the employer entity.

In fall 2014, the individual defendants asked the Court to dismiss the State law claim against them. They argued that because the complaint did not assert a State law claim against the employer entity, then the plaintiff could not maintain State law claims against them because the plaintiff could not prove “predicate liability.” Firm partner, Matt Weinick, argued to the Court that the defendants were misinterpreting the applicable case law and that the claims against the individuals were proper because the claim against the employer entity was only procedurally barred and not substantively defective. Further, Weinick argued that the individuals were liable as employers because they were supervisors.

On March 20, 2015, United States District Court Judge Leonard D. Wexler issued a memorandum and order denying the defendants’ motion to dismiss. Judge Wexler agreed that the procedural bar against the employer entity did not bar the claims against the individuals. The Court also agreed that the individuals were liable as “employer/supervisors.” In other words, the Court accepted both of Weinick’s arguments so the claims against the individual defendants will proceed.

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