I have had the distinction of accumulating throughout my career, a number of favorable and notable litigation decisions. A few recent and noted ones cited here.
Federal cases litigated in the Federal and Second Circuit Court of Appeals
- Caviezel v. Great Neck Union Free School District upholding decision of lower court denying parents religious exemption to NYS immunization requirements for school aged children. Certiorari denied by the US Supreme Court
- Bohnet v. Valley Stream 13 Union Free School District upholding dismissal of employee’s age discrimination claim
- Delatte v. Great Neck Union Free School District upholding lower court’s dismissal of employee’s First Amendment claim that school district discriminated against him based on statements made about his supervisor
New York State Court Decisions
- Murphy v. Oceanside Union Free School District dismissal of teacher’s claim that school district improperly denied him tenure, Nassau County Supreme Court
- JP Morgan Chase Bank v. Schnitzler, et al, dismissal of JP Morgan Chase’s suit against vendor for fraud and breach of contract, Appellate Division, First Department.
- Anderson v. Oyster Bay East Norwich Central School District: Appearing on behalf of the School District, I prevailed in a five-year litigation that started in 2015. Teacher was terminated by Hearing Officer, who sustained certain specifications of misconduct, finding that the teacher was guilty of neglect of duty, conduct unbecoming of a professional, and insubordination. The teacher appealed to the Nassau County Supreme Court, which ultimately vacated the termination and ordered proceedings to determine a lesser penalty. Simultaneously, the District appealed the Nassau County Judge’s decision to the Appellate Division, Second Department. On appeal, the Court reversed the Nassau County Court decision and reinstated the penalty of termination. Click here to Read more
Education Law Decisions
- NYC Department of Education v. SS: Pre-K teacher completely exonerated of charges she spanked a child while changing his diaper and then tried to muffle his cries with a pillow. Hearing Officer found the Department’s witnesses were not credible and believed the teacher, who stated she merely changed the child’s diaper and walked him to his usual nap spot. Testimony of an AP, Principal, co-teacher and Aide all rejected as insufficient for a finding of guilt.
- Mt. Vernon City School District vs. John Doe (name omitted for confidentiality purposes); represented high school guidance counselor charged with making improper grade changes for students on approximately eight occasions. The District used its IT expert to establish the grade changes came from the counselor’s computer. Also charged with failing to properly schedule students, including seniors, resulting in missed mandatory courses delaying or preventing graduation. The State Education Department Hearing Officer found that the counselor had made no grade changes, accepting his version of events wherein he testified that he had no motive to change grades since it does not affect his performance reviews. The Hearing Officer also faulted the district for not providing proper training to the counselor in the area of student scheduling, course prerequisites and graduation requirements.
Copies of the decisions in these cases are available as public records. I’d be happy to provide one to you. Reach out to me here