MOST OF OUR CLIENTS BECOME OUR FRIENDS HERE IS WHAT ONE OF THEM HAD TO SAY

Mario,

I'm sure that my family isn't the only one who regard you in this light - but thanks to your diligence, killer negotiating style and honesty (an oxymoron when describing most attorneys) you have helped my family from some seriously sticky situations that we believed were hopeless. Above and beyond your great work, thanks to the settlement that my family received, my step-mother's life was extended for a minimum of 3 years.

Placing a woman who had not only been incredibly successful, bright and most importantly the love of my dad's life in a Medicaid nursing home where they may not have been able to deal with the multitude of her medical issues broke all of our hearts.

Your efforts resulted in a settlement that not only made it possible for my dad to keep his home but my step-mom continued to be able to remain in a private home where she was given dedicated private nursing care.

Sadly we lost her toward the end of last year, but your work kept her going an extra 3 years and during that time she was able to be present at her daughter's wedding and even had the opportunity to meet her adorable granddaughter.

I doubt we're the only family you have saved, but as far as we're concerned you're always the first attorney we reach out to regardless of the matter because we trust your judgment implicitly and know that you put the truth and our needs ahead of a billable hour.

Again, thank you for making me remember why I wanted to practice law. Few care enough in just about any industry to put in the effort that you and your team have for us and while we probably pester you too much – I wanted you to know we are extremely grateful.

Daphne


Sincerely,
Mario Biaggi Jr.
212-233-8000

BIAGGI WINS STATE SENATE DEMOCRATIC PRIMARY

September 13th was indeed a special night for the Biaggi family as my brother Richard’s oldest daughter, Alessandra, defeated Senator Jeff Klein in a hotly contested primary race in which the long term incumbent spent upwards of three million dollars to defend his seat. This staggering amount for a New York State Senate seat was reportedly more than Cynthia Nixon spent in her primary challenge against Governor Cuomo. But it wasn’t enough!      Moreover, the fact that the margin of victory was ten percentage points underscored that indeed the political capital in the 34th State Senate District is not money but people.       See below Alessandra celebrating her victory flanked by two huge supporters, New York City Council Speaker Corey Johnson and New York City Comptroller Scott Stringer amidst an electric and supportive crowd on campaign night.

CONGRATULATIONS ALESSANDRA!!! THE SKY’S THE LIMIT!!!

Sincerely,
Mario Biaggi Jr.
212-233-8000

SUCCESSFUL DEFENSE OF FORTY-SIX PLAINTIFFS' CLAIMS

The practice of law has many dimensions and many tools at one's disposal to accomplish a resolution of a contested matter. Most recently, our firm engaged in a multi-party mediation involving forty-six claimants and a handful of defendants. The initial lawsuits centered on a very serious bus accident involving one death and multiple extensive injuries to numerous passengers. The very real legal concern for all the defendants was that the value of the injuries far exceeded the ten million dollars of available insurance coverage. This exposed our client to millions of dollars of potential liability which in turn threatened its very corporate existence.

Fortunately, we were able to resolve all forty-six claims within the policy limits without any contribution from the client. There were several key factors that contributed to this successful outcome but three stand out.

First, the importance of securing an experienced mediator with a track record of resolving multi-plaintiff tort cases cannot be understated. Thus, a good practitioner must thoroughly research the mediator's credentials and check references before selection. 

Second, the attorney must be factually prepared to defend his valuation of each case within a settlement range that enables the cumulative valuation to fall within the policy limits. 

And thirdly, and perhaps most importantly, is the need to impress on all plaintiffs' counsel that they are in effect competing with the other plaintiffs for a limited pot of money. They need to be advised that if they do not to resolve their claims at the mediation, they will not receive more later on during the litigation and indeed their individual position may worsen to the extent that the remaining plaintiffs settle for the balance of the available proceeds.

The combination of these factors, coupled with a united and cooperative front amongst defense counsel, produced a successful resolution that enabled our client to continue its operation uninterrupted.

If I can ever be of service, please feel free to reach out.

Sincerely,
Mario Biaggi Jr.
212-233-8000

CLASS ACTION WAIVERS A NECESSARY PART OF EMPLOYMENT AGREEMENTS

The United States Supreme Court recently validated the enforceability of class action waivers in an employer's arbitration agreement with its employees. As a result, in those agreements which contain a class action waiver provision, all employee-employer disputes must be resolved in one-on-one arbitrations rather than through a collective or class action.
       
The judicial circuits had been divided on the authority of such waivers prior to the Supreme Court's ruling earlier this month. In New York, however, which is within the jurisdiction of the Second Circuit, such class action waivers were already enforceable. Indeed, we were able to use the enforceability of such class action waivers in severely undermining a class action brought in the Second Circuit by employees in the hospitality industry.
       
In reality, a class action for wage violations is often motivated in large part by the employees' attorneys and the fact that if they are successful in proving a violation of the wage laws, they are statutorily entitled to have the employer pay, in addition to any other damages, the plaintiffs' attorney fees. This award is allowed even if the violation is relatively minimal.
       
In one case I tried several years ago, the plaintiffs' demand was almost two million dollars for ten plaintiffs. After trial the jury awarded $15,000 which was doubled to $30,000 because the violations were found to be intentional. The problem was that the plaintiffs' attorney had incurred in excess of $200,000 in attorney fees which the employer was required to pay in addition to the fees the employer had to pay my firm. By reducing these matters to individual claims, the financial incentive for the attorney is significantly undercut because he/she will only be receiving fees to prosecute one individual claim at a time, not a large group of claims.
       
This a huge decision for employers but it does not provide any benefit to them if they have not taken the time to incorporate the proper language in their employment agreement.
       
So if anyone is either an employer or is aware of any employers who have multiple employees working for them, please let us know. We can be of substantial service to them.

Sincerely,
Mario Biaggi Jr.
212-233-8000

1.6 Million Dollar Verdict for Violation Of Non-Compete Clause

Certified Site Safety of N.Y. LLC and its affiliated companies (the "plaintiffs") had entered into a working arrangement with defendants Joseph Castillo and Menotti Enterprise LLC (the "defendants"). Their working relationship was governed by written contracts which included provisions restricting the defendants from engaging in the type of activities that they were contracted to perform for the plaintiffs. On December 6, 2017, this restriction or "non-compete" provision was the basis of a substantial jury verdict before the Honorable Alan Scheinckman in the Commercial Part of Westchester County Supreme Court.

While under contract with the plaintiff and during the period of restriction, the defendants surreptitiously performed the identical site safety construction services with plaintiffs' competitors that they were performing for the plaintiffs. This breach of their agreement with the plaintiffs had been ongoing for a considerable period of time as the defendants took significant steps to conceal their activities, including the use of multiple aliases and email addresses.

The case was particularly challenging because our office inherited it on short notice immediately before trial without the benefit of any depositions having been conducted. Depositions are probably the most important discovery tool in a lawyer's arsenal. They enable you to understand what the adversary parties are likely to testify about at trial and thus enable you to prepare your trial accordingly. Fortunately, and notwithstanding the absence of this very important discovery device, there was sufficient documentary evidence to provide a framework for an effective cross examination and ultimately a successful result.

The language of the contracts was certainly a critical factor for the plaintiffs which is why generally speaking their initial drafting, when there is no dispute pending, must be as comprehensive as possible because ultimately it is that language which forms the groundwork for a party's remedy in the event of a breach.

The end result? Another one for the good guys!

As always, please feel free to reach out with any comments or legal questions you might have.

Sincerely,
Mario Biaggi Jr.
212-233-8000

Multi-Million Dollar Award For Widow of Deceased Shareholder

Another One For The Good Guys

There have been many times during my career when people have asked me why I went to law school. There are many answers to that question but certainly one of them has to be the learning of a trade that enables you to assist others and have a positive impact on their lives. And while that reasoning might not have been in the forefront of my thinking when I was applying to law school, the wisdom that comes with age has certainly changed that perception.

Indeed, I had the pleasure of recently representing a truly fine person in her dispute with the partner of her deceased husband. The core of that dispute stemmed from the provisions of a shareholder agreement in which the interest of a disabled and/or deceased shareholder was to be purchased by the company. Unfortunately for my client, her husband had a partner who did all he could to avoid that purchase obligation, which included his secretly diverting business from the company owned by my client's husband, as well as engaging in dilatory and protracted litigation.

Thankfully, we were able to overcome every legal obstacle placed in our way and, on the eve of trial, when the defendant realized his options were quickly dissipating, and after a fifteen hour pre-trial mediation, we settled the litigation and provided for my client's financial security.

I knew my client's husband for only a short time. He unfortunately died soon after we initiated the litigation. It was very clear to me, however, that they were very close and I was particularly fortunate to have been able to represent them. And while I am sure this past Christmas my client grieved the loss of his life, I imagine she had at least a little more peace of mind from the results we were able to obtain for her.

Why did I go to law school? For a moment like the one I had when I and co-counsel Anthony DeLorenzo could tell her after fifteen hours of mediation that her struggle, which was started by her late husband, had come to an end.

Another one for the good guys.

Sincerely,
Mario Biaggi Jr.
212-233-8000