Verdicts & Settlements
O’Dwyer & Bernstien provides zealous advocacy to those we represent, helping our clients secure millions of dollars in settlements and jury verdicts. Request a lawyer consultation
Settlement
$600,000
to a 36-year-old roofer who was struck by falling materials and suffered a fractured hip
Settlement
$600,000
Construction Accident
for a 30-year-old laborer who suffered a fractured forearm requiring surgery when he was transporting materials on an A-frame at a work site and tripped over boards improperly laid to protect a carpet
Settlement
$600,000
Construction Accident
for a 48-year-old carpenter who was injured when he tripped and fell on debris at a job site and injured his back requiring surgery
Settlement
$600,000
Construction Accident
for a 52-year-old carpenter who injured his shoulder requiring arthroscopic surgery when he was struck by a falling board at a work site
judgement
Judgment
Labor & Employment
Successfully defended pension trustees’ interpretations of plan provisions relating to pension plan break in service rules, eligibility and medical necessity in separate appeals decided by the Second Circuit Court of Appeals. Fiscina v. Pension Plan, 206 Fed. Appx. 8, 2006 WL 2686673 (2d Cir. 2006) and Diagnostic Medical Associates v. Welfare Plan, 2007 WL 1241539 (2d Cir. 2007).
judgement
Judgment
Labor & Employment
Judgment in a special proceeding taken to the New York Court of Appeals declaring the City violated the Administrative Code by failing to promote NYPD Officers to Detective after 18 months of “temporary” assignment, resulting in promotions of hundreds of deserving patrol officers. Scotto v. Dinkins, 85 N.Y.2d 209, 623 N.Y.S.2d 809 (1995).
judgment
Judgment
Labor & Employment
Obtained a federal court judgment holding the principal of contracting company personally liable for deficient benefit fund contributions because she engaged in a scheme to defraud the funds by maintaining concealed bank accounts that were used to pay workers off the books. Carpenter Benefit Funds v. Perimeter Contracting and Susan Reidy, 657 F. Supp.2d 410 (S.D.N.Y. 2009) and 2009 WL 362640 (S.D.N.Y., February 13, 2009).
judgment
Judgment
Labor & Employment
Won substantial back pay damages for city workers in a case that started with the Union’s filing of an unfair practice charge with the New Jersey Public Employment Relations Commission and then moved into arbitration, where it was alleged the employer unilaterally changed the terms and conditions of employment by imposing a new method of calculating a covered worker’s hourly rate of pay for overtime. City of Elizabeth and Local 74, USWU.
judgment
Judgment
Labor & Employment
Successfully defeated a contractor’s attempt to set aside an arbitration award on the grounds that it was subjected to economic duress and fraud in the inducement when it entered in inducement to enter into the collective bargaining agreement. Benefit Funds v. Tadco Construction Co., 08 WL 540078 (S.D.N.Y., February 28, 2008).