The Boies Law Firm, PLLC

The Importance of Trial By Jury and Key Roles of Trial Lawyers in our System of Justice

Thu, 24 Aug 2023 18:16:37 GMT

Published by NCCU School of Law, Trial Attorney and Founder of The Boies Law Firm, Jerry Boies, makes the argument for the importance of trial by jury and key roles of trial lawyers in our system of justice. Jerry Boies, The Significance of “Trial Practice” as a Course Cannot be Overstated. Should it be Required in Law School?, NCCU School of Law, Of Counsel Magazine, Volume 23, 2023, at page 16. Click here for a copy of the article.

$10,356,596.30 Judgment Set Aside on Behalf of our Clients

Fri, 03 Mar 2023 22:27:19 GMT

THE BOIES LAW FIRM, PLLC (“Firm”) was retained to defend ABH Natures’ Products, Inc d/b/a Vitahero, Inc., Stocknutra.com, Inc. ABH, Pharma, Inc. and Mohammed “MD” Jahirul Islam (“Defendants” or “Clients”) in a $10,356,596.30 judgment that was entered against our Clients in Charleston County, South Carolina.

When our Clients learned a judgment for over ten million dollars was obtained against them in South Carolina, they immediately contacted us. Although our Firm mainly litigates cases in Federal and State Courts in New York, our managing and trial attorney Jerry Boies sought and obtained temporary admission in South Carolina to defend the Defendants.

Our first observation was that Plaintiff claimed our Clients breached a contract, resulting in $135,000.00 in inventory loss but obtained a judgment for $10,356,596.30. Essentially, if the judgment were to stand, Plaintiff would have received a return of 7,671% of its initial investment. Plus, there were no facts in the record to support such breach and damages. Additionally, those numbers would have been a jolt to the judicial system and shock judicial consciousness of any court.

Our second observation was that our Clients were not properly served with the Summons and Complaint. Both the United States and States’ Constitutions provide specific mechanism to serve a party to a lawsuit. On behalf our Clients, we took the position that our Clients were improperly served and that the judgment should be set aside. The South Carolina Court agreed with our position.

Further, through our investigation, we learned that Plaintiff did not have any contracts with most of the Defendants that Plaintiff decided to bring the lawsuit against. The law requires there must be a contractual relationship between two parties to bring a breach of contract claim against each other. We took the position that there was no privity of contract between the Plaintiff and most of our Clients, especially the individual defendants. Again, the South Carolina Court agreed with our position.

In sum, we are thrilled to have saved our Clients millions of dollars. Whether we represent an individual or a major corporation, our Philosophy never changes: we are an institution where knowledge, experience, insight and research are leveraged to deliver the highest quality legal services to our clients while developing the law and being socially conscious.

THE BOIES LAW FIRM is located in the heart of New York City. We focus on civil litigation, corporate practice, and civil rights. Contact us at: (212) 729-0085 or contact@boieslaw.com .

Click here to view a copy of Circuit Court Judge Kristi F. Curtis’ Order.

Click here to view a copy of the Memorandum of Law in Support of the Motion we filed on behalf of our Clients.

A Personal Note from our Founder and Trial Attorney, Jerry Boies

Fri, 29 Oct 2021 19:41:08 GMT

A Personal Note from our Founder and Trial Attorney, Jerry Boies

New York, NY - Earlier this year, on August 14, 2021, a magnitude 7.2 earthquake devastatingly struck the southern coast of Haiti. That earthquake remains the deadliest earthquake and deadliest natural disaster of 2021. According to 2021 Haiti Earthquake Situation Report #1, an estimated 650,000 people are in need of assistance, more than 2,200 people have been confirmed dead, more than 12,200 were injured, and sixty-six health facilities have been damaged or destroyed.

Why should any of us care?

I’ll start with myself. I was born and grew up in a small village located in the southwest part of Haiti called Baradères. Let me tell you a little bit about my beloved village. The main economy in Baradères has been and remains subsistence agriculture. We take care of our family and community through farming. Wtake pride in how self-sufficient we are.

Unfortunately, like many other small villages in the southern coast of Haiti, Baradères was also devasted by the earthquake. There has not been a day since I came to the United States, about twenty years ago, that I am reminded that if it was not pure luck and the grace of God, I would be still in Baradères. As Brené Brown rightly said, “what separates privilege from entitlement is gratitude.” I am grateful and that’s why I care.

Why should you care?

Well, I can say without fear of contradiction that “the future outwits all our certitudes,” as Arthur Schlesinger, Jr. put it. I am certain that no one reading these words wishes any harm on any community, including the people of Haiti. However, if the past is prologue, we know how this may end. In the meanwhile, let’s plant the seed of hope by extending our hands to the people in southern Haiti. Knowing them, they will grow it and share it.

“We rise by lifting others,” said Robert Ingersoll. In collaboration with Hope for Haiti, one of the most trusted organizations working to reduce poverty in Haiti, this firm has sponsored “A Toast to Hope Gala,” a fundraising event to continue to bring awareness of the rescue efforts and assistance in southern Haiti.

Join us on Sunday, November 14, 2021, from 3:00 p.m. to 7:00 p.m., at 26 Bridge Street, Brooklyn, NY 11201. Take this opportunity to lift the people in southern Haiti. Get your tickets, get your cocktail attire ready and come out to plant a seed of hope in southern Haiti.

Click here to get your tickets or click here to donate .

The Appellate Court Unanimously Affirmed the Judgment Obtained Against Employers for Failing to Pay Employee Certain Wages

Thu, 05 Nov 2020 23:40:00 GMT

It is elementary that paying employees their fair wages is not only required by both State and Federal laws, it also fosters a workplace environment where employees feel valued, which will likely achieve greater profits and higher talent retention rates for the benefits of the employer. However, for those employers that still refuse to pay their employees equitably, whether it be for any discriminatory purpose or economic reasons, trial attorney Jerry Boies has some advice for those employers: “the law will eventually catch up with you.”

THE BOIES LAW FIRM brought this case (Atkins v. Metronome Events, Inc., et al, Index No. 650203/2014) under New York Labor Law on behalf of employee Robert Atkins alleging that Mr. Atkins is entitled to: (1) unpaid tips or gratuities; (2) liquidated damages; (3) pre-judgment and post-judgment interests; and (4) attorney’s fees and costs. After several weeks of a jury trial, the jury rendered a resounding verdict on behalf of Mr. Atkins on all the allegations. The employers then asked the trial Court to throw out the verdict. The trial Court denied the employers’ motion. The employers then appealed. On October 6, 2020, the Appellate Court, a three-judge panel, unanimously affirmed the judgment.

After the outcome of the jury verdict, trial attorney Jerry Boies reflected that “it may have taken years for Mr. Atkins to see justice. Nevertheless, I am pleased that justice was not denied.” The Appellate Court’s decision to affirm the judgment is a further manifestation that justice delayed is not always denied.

In addition to civil rights cases, this firm regularly brings employment, individual and class action, cases against employers for failing to pay wages, tips or gratuities, overtime, commission, etc. Providing our clients with excellent, expeditious and cost-efficient legal services has always been and remains our cornerstone. Contact our office to set up an appointment today.

Click here to view a copy of the Appellate Court’s Decision and Order.

Judgment on behalf of our client Robert Atkins pursuant to New York Labor Law - October 2, 2019

Tue, 10 Dec 2019 23:41:10 GMT

After nearly five years of hard-fought litigation and two-week jury trial, a New York jury returned a verdict in favor of our client against the defendants for violating the employment laws and not paying our client the required wages. The Plaintiff was represented by trial attorney Jerry Boies. Mr. Boies issued the following statement: the principle that “to no one will we sell, to no one deny or delay right or justice” predates our Constitution. In fact, it was a promise by King John in the Magna Carta. That principle remains the firmest pillar of our justice system. It may have taken years for Mr. Atkins to see justice. Nevertheless, I am pleased that justice was not denied.

Click here to view a copy of the Judgment.

Class and Collective Action Lawsuit Against Bingo Wholesale Supermarket and others

Mon, 09 Dec 2019 23:58:47 GMT

Pagoada v. MARAV USA LLC, et al Case No. 19 Civ. 6885 (E.D.N.Y., December 6, 2019)

On behalf of Plaintiff Mirna Pagoada, we have filed a class and collective action lawsuit against Bingo Wholesale Supermarket, its owners, and others (“Defendants”) under the Fair Labor Standards Act and the New York Labor Law alleging that Ms. Pagoada is entitled to (1) unpaid overtime wages; (2) unpaid non-overtime wages; (3) damages for failure to provide hiring notices; (4) damages for failure to provide wage statements; (5) liquidated damages; (6) pre-judgment and post-judgment interests; and (7) attorney’s fees and costs.

Click here to view a copy of the complaint.

Class and Collective Action Lawsuit Against Greco Roman Design Corp. et al

Mon, 12 Aug 2019 22:56:54 GMT

THE BOIES LAW FIRM, PLLC, along with co-counsel, has filed a class and collective action lawsuit in Federal Court on behalf of current and former construction workers (the “Workers”) against Greco Roman Design Corp., BJB Group LLC, Nicolaos Kourtis, and Angelo Kambitsis (the “Employers”) alleging that the Employers violated the Fair Labor Standards Act and the New York Labor Law. More specifically, we allege that the Workers are entitled to (1) unpaid overtime wages; (2) unpaid non-overtime wages; (3) damages for failure to provide hiring notices; (4) damages for failure to provide wage statements; (5) liquidated damages; (6) pre-judgment and post-judgment interests; and (7) attorney’s fees and costs.

Click here to view a copy of the complaint.

Our most recent decision and order on behalf of our client

Thu, 18 Jul 2019 22:55:05 GMT

Click here for our most recent decision and order on behalf of our client.

New filing in a special proceeding against the NYC Department of Education

Thu, 07 Mar 2019 23:51:10 GMT

Click here for our new filing in a special proceeding against the NYC Department of Education.

Filed First Amended Complaint with Exhibits in Richard v. Watkins

Fri, 22 Feb 2019 23:50:25 GMT

Click here for our latest federal court filing, which includes defamation claims.

The Boies Law Firm brings a federal lawsuit under the Lanham Act

Wed, 26 Sep 2018 22:49:26 GMT

On behalf of the Plaintiffs, Attorney and Chairman Jerry Boies of The Boies Law Firm brings a federal lawsuit under the Lanham Act (also known as the Trademark Act of 1946) for unfair competition against multiple defendants alleging, among others, willful infringement and deceptive tactics. The lawsuit was filed in the U.S. District Court for the Northern District of Illinois, Eastern Division.

Click here for a copy of the complaint.

The Boies Law Firm brings a lawsuit against Plaintiff’s former employer for non-payment of tips and gratuities

Mon, 04 Jun 2018 22:48:33 GMT

On behalf of Plaintiff Geoffrey R. Sheppard, The Boies Law Firm brings a lawsuit against Plaintiff’s former employer for non-payment of tips and gratuities. It is part of our continuing effort to change the employment landscape in this country of how employers treat and pay their employees.

See a copy for the complaint filed in Supreme Court of the State of New York: Geoffrey R. Sheppard vs. METRONOME EVENTS, INC., d/b/a PROVIDENCE NYC, CLUB CRIMSON NYC, ROSCOMMON, 226 EAST 54TH STREET RESTAURANT, INC., d/b/a LEXICON, and ROBERT PEREIRA – Index No: 651595/2018

The National Black Lawyers Announces Jerry Boies as One of Its Top 40 Under 40 Members in New York

Tue, 24 Apr 2018 22:47:00 GMT

The National Black Lawyers - Top 40 Under 40 is pleased to announce that Jerry Boies of the Boies Law Firm, PLLC in New York City has been selected for inclusion into its Top 40 Under 40 Black Lawyer s in New York, an honor given to only a select group of lawyers for their superior skills and qualifications in the field. Membership in this exclusive organization is by invitation only, and is limited to the top 40 attorneys in each state who have demonstrated excellence and have achieved outstanding results in their careers.

The National Black Lawyers is a professional honorary organization composed of the Top 40 lawyers age 40 or younger in each state or region who represent individuals and businesses in the American legal system. Membership into the organization is by invitation only and is extended exclusively to attorneys who excel in their profession or promote diversity. The National Black Lawyers is one of very few preeminent organizations in the United States established to promote the nation’s top black attorneys and is designed to enhance the professional development of its members.

The National Black Lawyers – Top 40 Under 40 provides accreditation to these distinguished attorneys, and also aims to provide essential legal news, information, and continuing education to their members.

With the selection of Jerry Boies by The National Black Lawyers – Top 40 Under 40 , Mr. Boies has shown that he exemplifies superior qualifications, leadership skills, and performance in his areas of legal practice. The selection process for this elite honor is based on a multi-phase process which includes peer nominations combined with third party research. The National Black Lawyers – Top 40 Under 40 is an essential source of networking and information for black attorneys throughout the nation. The final result of the selection process is a credible and comprehensive list of the most outstanding black lawyers chosen to represent their state.

To learn more about The National Black Lawyers, visit http://www.nbltop40.org/

Major Victory for bartender Robert Atkins against his former employers for non-payment of tips and gratuities

Mon, 02 Apr 2018 22:44:58 GMT

The case was: Robert Atkins vs. METRONOME EVENTS, INC., d/b/a PROVIDENCE NYC, CLUB CRIMSON NYC, ROSCOMMON, 226 EAST 54TH STREET RESTAURANT, INC., d/b/a LEXICON, and ROBERT PEREIRA – Index No: 650203/2014.

As published in a New York Post article, “ Lawsuit says celebrity event company stiffed staff on tips .” On behalf of bartender Robert Atkins, THE BOIES LAW FIRM brought a lawsuit against the defendants, several high-profile banquet venues and their owners, for non-payment of tips and gratuities to Mr. Atkins in violation of New York Labor Law § 196–d.

NY Labor Law § 196–d provides, in pertinent part, that: “No employer or his agent or an officer or agent of any corporation, or any other person shall demand or accept, directly or indirectly, any part of the gratuities, received by an employee, or retain any part of a gratuity or of any charge purported to be a gratuity for an employee.”

In the hospitality industry, which includes, among others, restaurants and bars, banquet halls, nightclubs, hotels, cruise lines, and theme parks, etc., it is common knowledge that when a large party is seated for an event, 18% to 20% service charges or automatic gratuities are added to the total bill.

From 2009 to 2013, the defendants contracted with clients to host 100s of high-profile events, such as the Critics’ Choice Movie Awards or MTV Video Music Award, for A-List celebrities like Donald Trump, Johnny Depp, Brad Pitt or Angelina Jolie. Mr. Atkins worked as a bartender during those events. However, the defendants collected 20% “service charges” for every event that were purported to be tips or gratuities but the defendants failed to distribute the tips or gratuities to Mr. Atkins in violated the law.

After a two-week jury trial and two days of deliberation, on March 26, 2018, the jury decided in favor of Mr. Atkins on all counts. Jerry Boies , Chairman of THE BOIES LAW FIRM, was the lead trial attorney and took the opportunity to remind employers that “this verdict is a continuous warning to employers in the hospitality industry, even if it is years later, that they will not get away with tips or gratuities their employees have worked so hard for.”

See a copy for the complaint here: Complaint Atkins v. Metronome

The President’s Executive Order is Blocked

Wed, 15 Mar 2017 22:43:31 GMT

The President’s Executive Order, No. 13,780, is blocked as of March 15, 2017 (click here)