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“This is Ms. Garcia’s second bite at the apple in trying to find something to claim against The Executive Club. Her changing stories are evidence of the lack of merit of her claims," club lawyer Jeffrey Kimmel said.


MSF represented the plaintiff, Kas, in Kas Oriental Rugs, Inc. v. Ellman, 394 N.J. Super 278 (App. Div.), certif. denied, 192 N.J. 74 (2007), the first Appellate Division case construing the fee shifting provisions in the New Jersey Sales Representatives' Rights Act, NJSA 2A:61A-1 et seq (the "New Jersey Statute"). The case arose when Kas terminated Ellman, its New Jersey sales representative, and Ellman asserted various claims against Kas, including claims under the New Jersey Statute, contract and quantum meruit/unjust enrichment theories. As a result of MSF's arguments on appeal, instead of being liable for damages to its terminated representative Kas is entitled to recover the substantial attorney's fees and costs it incurred defending against the representative's claims.

Kas was represented throughout this matter by MSF partner Jeffrey Schreiber and Special Counsel Racquel Crespi Weintraub.


Attorneys Mentioned: Jeffrey Schreiber, Racquel Crespi Weintraub

On December 15, 2010, the New York State Department of Labor ("NY DOL") adopted new rules for the State's hotel and restaurant industries. The new rules create a single Minimum Wage Order for the Hospitality Industry, which affects broad areas of pay in the hospitality (hotel and restaurant) industry. The new rules go into effect January 1, 2011, but full compliance is not required until March 1, 2011.


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