Town of Riverdale Park Discriminates against Small Business Owner, Jury Awards Damages

On May 18th, JGL attorneys Levi Zaslow, Maritza Carmona and Tim Maloney won nearly $260,000 in damages for their client, Mamoun Ashkar, who faced ethnic discrimination within his community of Riverdale Park in Prince George’s County. The Daily Record has since published an article about this case as it has meaningful impact on not just the Prince George’s County town but also for broader communities.

Mr. Ashkar, a Palestinian-American, became the owner of Greg’s Towing in January of 2015. Greg’s Towing is the only tow company in the Town of Riverdale Park in Prince George’s County and, for 30 years, it was the exclusive tow service provider for the town and its police department. Once Mr. Ashkar took over Greg’s Towing, he contacted Town representatives, including the police dept., to continue the company’s long standing relationship with the Town, but he was denied the by the Town, its employees and the police department through numerous instances that included derogatory language, name-calling and discriminatory statements.

“Local government cannot discriminate against its citizens and this case is about fairness, justice and equality and this verdict speaks to that,” Levi S. Zaslow told The Daily Record on Tuesday May 22nd. “We are very open to sitting down with the town and speaking about these practices and ensuring a fair and equitable process going forward.”

Joseph, Greenwald and Laake, P.A. is proud to continue its longstanding tradition of providing a voice to victims of discrimination, such as Mr. Ashkar.

To read the full story, click here: Tow company owner awarded $259K in discrimination lawsuit against Prince George’s town

Timothy Maloney Emcees Event in Honor of Senator’s Birthday and New Autobiography

Tim Maloney recently served as host for a special event to discuss a memoir by his good friend and colleague former Maryland Senator Joseph D. Tydings. Tim has known Tydings since he campaigned for Senate in Prince George’s County in 1964. At the event, Tim Maloney included some his own memories as he teed up questions for Joe Tydings and his co-writer and former Sun reporter, John W. Frece. The memoir, “My Life in Progressive Politics: Against the Grain,” is surprisingly timely. Tydings looks back on a life of public service, from the Maryland General Assembly to chief federal prosecutor in Maryland and ultimately to the United States Senate.

The celebration took place at the University of Maryland’s Samual Riggs IV Alumni Center and included about 80 attendees. “It was a true honor to be a prominent part of such a remarkable event,” stated Maloney. “Tydings has had a wonderful influence on both my personal and professional life,” he continued.

Tydings’ book, titled “My Life in Progressive Politics: Against the Grain,” was published in late April and documents his career as he fought for progressive issues like gun control, healthcare and environmental protection.

William F. Zorzi provides a detailed and personal description of the celebration in an article found on Maryland Matters, a website that delivers news about Maryland government and politics. In this article, he shares, “The session was anything but a melancholy occasion; it was at times hysterically funny, rather than some sort of lament for the past.” To read more about the event, click here.

Timothy Maloney argues for Maryland Public Information Act transparency at the Court of Appeals

On May 7, Joseph Greenwald & Laake principal attorney Timothy Maloney argued in the Maryland Court of Appeals regarding whether or not a state agency supervisor’s personal notes about an employee are required to be disclosed to a worker under the Maryland Public Information Act. The Court heard competing slippery-slope arguments about the case.

Maloney argued that the MPIA’s transparency would be violated if supervisors could place their personnel information in a private folder and exempt them from disclosure by labeling them as private. However, the opposing side argued that compelling disclosure would invade privacy of supervisors.

The issue stems from the case of Bernadette Lamson, an employee of the Montgomery County attorney’s office, is entitled to the personal notes her employer kept in her personal moleskin journal. The Montgomery County Circuit Court and the intermediate Court of Special Appeals have upheld the denial of Lamson’s MPIA request.

Maloney said, “There is only one reason she took those notes. She was acting a public government supervisor.”

Maloney is a preeminent trial lawyer who has obtained millions of dollars in recoveries for his clients in a wide variety of matters, including civil rights, employment discrimination, whistleblower actions and high-stakes business litigation. He is a committed advocate for the public good who has held leadership roles with many civic and charitable organizations.

To read the article, click on the link below:

MD High court weighs if MPIA requires disclosure of supervisor’s notes

Timothy Maloney speaks to MD Daily Record on Hogan recess appointment case

Joseph Greenwald & Laake principal attorney Timothy Maloney spoke at the Court of Appeals on May 7 regarding a case in which the General Assembly withheld the salaries of acting Health Secretary Dennis R. Schrader and former acting Planning Secretary Wendi Peters. Maloney represents both secretaries, and was quoted in the Maryland Daily Record.

The case asks whether or not Maryland’s top court believes Governor Larry Hogan used recess appointments in an acceptable way following the withdrawal of their nominations from Senate consideration. Assistant Attorney General Julia Doyle Bernhardt argued that the executive branch does not hold the sole power to appoint, because it is a shared power between the executive and the Senate. However, Maloney argued that Hogan was within his rights to appoint both Schrader and Peters.

Maloney told the court, “If the General Assembly can do this, if they basically can chop off their heads, if you will, budgetarily by simply placing language on Cabinet members it doesn’t want to appoint, here it would be recess appointments and next week it could be something else. It really deprives the executive of the inherent executive authority to make recess appointments.”

Maloney is a preeminent trial lawyer who has obtained millions of dollars in recoveries for his clients in a wide variety of matters, including civil rights, employment discrimination, whistleblower actions and high-stakes business litigation. He is a committed advocate for the public good who has held leadership roles with many civic and charitable organizations.

Click below to read the full article:

Md. Appointments Appeal Could Hinge on Interpretation of Governor’s Powers

Jay Holland Discusses The Complexities of Ninth Circuit Ruling with Law360

The Ninth Circuit Court of Appeals recently ruled that employers cannot pay female employees less than their male coworkers for the same work, based on their salaries from their previous positions. The decision overturns a ruling made last year, by a smaller panel of Ninth Circuit judges.

Jay Holland recently sat down with Law 360 to weigh in on the controversy surrounding the new decision. While some argue that this will be beneficial in closing the wage gap, others point out that many women will have lower previous salaries due to the existing wage gap. “Does this mean that this rule of general application only applies in some antiseptic review of a stack of resumes?” Holland asked. “Most hirings involve some form of individual negotiation, so it’s confusing.”

To read the article in full click the link below.

Jay Holland is a principal in JGL’s Civil Litigation Group, and the chair of the firm’s Labor, Employment and Qui Tam Whistleblower practice. He is a renowned employment and qui tam litigator known for taking on tough cases and achieving exceptional results.

Gray Area In 9th Circ. Pay Ruling Has Some Experts Puzzled – Law360[2] copy

Jay Holland presents on the False Claims Act at National Disability Law Symposium

Jay Holland was honored to present at the prestigious 2018 Jacobus tenBroek Disability Law Symposium in Baltimore, Maryland on March 22, 2018.

In his presentation, Jay addressed the intersection between disability rights law and Qui Tam cases under the False Claims Act, and how disability rights advocates can use the powerful tool of the False Claims Act in disability related cases.  Jay not only addressed the basics of the law, but the nuances as well, and how disability cases can often involve claims of Medicare and Medicaid fraud by unscrupulous health care providers. There was a very lively exchange and robust questions from the attendees.

The symposium drew disability rights advocates from all parts of the country. The day consisted of plenary sessions and workshops provided an opportunity for attendees to examine subjects such as law enforcement and disability, discrimination against employees with disabilities and disparities in healthcare for minorities. These session were presented by distinguished law professors, practitioners and advocates. Mark Riccobono, president of the National Federation of the Blind, presented a keynote address during the symposium.

Jay Holland is a principal in JGL’s Civil Litigation Group, and the chair of the firm’s Labor, Employment and Qui Tam Whistleblower practice. He is a renowned employment and qui tam litigator known for taking on tough cases and achieving exceptional results.

Jay Holland sits down with the Society For Human Resource Management (SHRM) to discuss ageism in the IBM workplace

Unfortunately, it’s not unusual to hear a story about an older employee being replaced by a younger employee who will do the same job for a fraction of the cost. What may come as a surprise, though, are IBM’s unusual strategies taken with its employees and its company as a whole. Older workers have been laid off, disclosures have stopped, WARN Act notices have stopped with plant closures and telecommuting has ended within the IBM workplace. Some think these actions could result in successful age discrimination cases against IBM.

JGL attorney Jay Holland recently sat down with the Society for Human Resource Management (SHRM) to discuss some of these workplace changes at IBM, and weigh in on the recent allegations that IBM had violated the Age Discrimination in Employment Act. According to Holland, IBM is using “whatever tools might be available in the toolbox to minimize its legal exposure and avoid negative publicity associated with larger-scale layoffs,” he said. The article discusses several strategies IBM is using to avoid having to provide notices under the Older Workers’ Protection Act, and the WARN Act. Regarding the use of these tools, Holland says, “It remains to be seen if the strategy will be legally sustainable.”

As chair of the firm’s Labor, Employment, and Qui Tam Whistleblower practice, Holland is a frequent lecturer and writer on labor, employment law, and False Claims Act cases and is often called upon to present to bar associations and other organizations. He co-chairs the Employment Law Section of the Prince George’s County Bar Association and is active in the Employment Law sections of the Maryland State Bar Association and American Bar Association. He also on the Executive Board of the Qui Tam Section of the Federal Bar Association.

To read the full article, please click on the image below.

 

Has IBM Violated the ADEA

David Bulitt, Tim Maloney and Steve Vinick present at Advanced Litigation symposium

Joseph Greenwald & Laake attorneys David Bulitt, Tim Maloney and Steve Vinick served as guest panelists at the Montgomery County Bar Association annual Advanced Litigation Strategies Symposium. The symposium, which took place on March 2, gave intermediate and advanced litigators the opportunity to learn trial preparation skills that will give them an extra edge in the courtroom.

David presented “Let’s Make a Deal: The Art and Science of Settling a Case – Family.” Tim and Steve presented “How to Increase or Decrease Your Damages By Working With Your Expert – Civil.”

David Bulitt is a family lawyer, and JGL’s Assistant Managing Director. For years, David has been included amongst the DC area’s top divorce lawyers and is a published fiction author. Tim Maloney is a preeminent trial lawyer who has obtained millions of dollars in recoveries for his clients in a wide variety of matters, including civil rights and employment discrimination. Steve Vinick has over 20 years of experience representing clients in matters including medical malpractice, personal injury and criminal defense.

Jay Holland Quoted On Recent Second Circuit Title VII Decision

Jay Holland spoke to Law360, regarding the recent decision by the Second Circuit Court regarding Title VII. The court’s decision sided with the U.S. Equal Employment Opportunity Commission, stating that workplace sexual orientation bias falls under Title VII, which prohibits workplace discrimination and rejects anti-gay bias. As this is a nationwide issue, many experts believe this case will end up in the Supreme Court. Law360 reviews 4 takeaways from this situation including Jay Holland’s perspective on the “split Federal Government” as “very, very rare.”

As a principal in Joseph, Greenwald & Laake’s Civil Litigation Group and chair of the firm’s Labor, Employment, and Qui Tam Whistleblower practice, Holland has years of experience litigating workplace discrimination cases. He has obtained favorable results for government and private-sector employees, in severe sexual harassment and retaliation cases. Outside of the courtroom, Holland is a frequent lecturer and writer and is often called upon to present to bar associations and other organizations.

To read the article in full click on the following link below: https://www.law360.com/articles/1016780/4-takeaways-from-2nd-circ-ruling-rejecting-anti-gay-bias

JGL Principal Jay Holland Shares His Perspective of the #MeToo Movement and How it Impacts Corporate HR Practices with Corporate Counsel.

Jay Holland, Joseph Greenwald & Laake principal attorney, spoke to Corporate Counsel how the #MeToo movement impacts human resources departments in companies nationwide. With a growing focus on how companies handle sexual harassment cases, it is important for companies to have a communications strategy for when employees are terminated or leave their place of work. “The inclination both culturally and legally for companies was historically not to publicize reasons for employees or executives leaving the company,” Jay shares. But has this all changed now? For the full article, click on the link below.

Jay Holland is a principal in the firm’s Civil Litigation Group, and is the chair of the firm’s Labor, Employment and Qui Tam Whistleblower practice. He is a renowned employment and qui tam litigator known for taking on tough cases and achieving exceptional results.