Criminal Law

• Wrongful Death
  Baker v. Coughlin, et al., 77 F.3d 12 (2nd Cir. 1996) (decision finds N.Y. Corr. L. ‘ 24 a bar to state negligence claims). This was a civil rights action for the death of 18 year old prisoner at a boot camp correctional facility who was subjected to excessive force and the denial of emergency medical treatment. The case settled for $1,000,000 in damages to the deceased’s mother for wrongful death and payment of $300,000 in attorneys fees. Included in the settlement was an agreement for a meeting between the deceased’s mother, the Commissioner of the Department of Correctional Services and a Governor’s representative to discuss the problematic use of excessive force in State boot camps. The case resulted in a new training initiative by the Department of Corrections.
• Sex Crimes
  Hicks v. The City of New York, et.al., 15 Civ. 4888 (S.D.N.Y.). This civil rights case was commenced on behalf of Tyrone Hicks, a veteran, honorably discharged from the Naval Services, with a history of serious psychiatric ailments who spent seven years in New York State correctional institutions wrongfully convicted of attempted rape, assault and attempted sodomy. Because he was not exonerated until 2014, he was forced to register quarterly as a sexual offender for five years after his release from prison. We co-counseled with Adele Bernhard, Esq., who litigated his exoneration case, in his claim for damages for his wrongful conviction.  Mr. Hicks settled the action for $3,250,000.
• Assault

Employment Law

• Employment Discrimination
  Petrovits v. New York City Transit Authority, 2003 WL 22349676 (S.D.N.Y.) (denying the defendant’s motion for judgment notwithstanding the verdict); 2004 WL 42258 (granting attorneys’ fees). This sex discrimination case was tried over six days, and resulted in a jury finding that Joan Petrovits was denied a promotion due to her sex. The jury awarded Ms. Petrovits $150,000.00 in compensatory damages, and Magistrate Judge Eaton thereafter entered an Order compelling the defendants to promote her, awarding back pay, and awarding attorneys’ fees to Koob & Magoolaghan and our trial co counsel, the New York University Civil Rights Clinic.
• Sexual Harassment
  Almodovar v. Andrews, 00-CV-0599 (W.D.N.Y.) This civil rights action was commenced after Sarah Almodovar was brutally assaulted by correction officers because she cooperated in an investigation conducted by the Inspector General’s office into sexual harassment by guards at the Albion Correctional Facility. After months of pre-trial discovery, the case settled for $135,000.00.

Health Law

• Disability Discrimination
  Romei v. Shell Oil Company, 1991 WL 692884 (Sup. Ct. N.Y. Cty.) (decision on summary judgement motion). In this disability discrimination case, we represented an employee who alleged that Shell Oil discriminated against him based upon the belief that the plaintiff had AIDS. In 1994 a jury awarded plaintiff compensatory and punitive damages in the amount of $121,000.

Finance Law

• Bankruptcy