Seafood Eatery Loses DQ Offer Against Lawyer In Salary Lawsuit

Law360 (July 16, 2021, 8:20 p.m. EDT) – A New York federal magistrate judge rejected a seafood restaurant’s offer to disqualify a lawyer from a proposed class of restaurant employees for improperly soliciting employees to join a wage lawsuit, concluding that their attempts to question witnesses were not prohibited.

Magistrate judge Stewart D. Aaron ruled on Friday that there was no evidence to show that principal plaintiff Joseph Pagan and his lawyer at the firm Ottinger PC, Finn Dusenbery, had in fact solicited the server’s former colleagues, Laundel Booker and Christopher Baca, even though the lawyer and his client texted them while collecting information on the class and class claims of the lawsuit against …

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