Three Significant Firm Wins in Criminal, Civil Rights, and Commercial Litigation

Alexander Klein, working with various attorneys at the firm, including Bruce Barket and Kevin Kearon, reported the following firm successes in the area of criminal, civil rights and commercial litigation.

K.G.: Barket Epstein represents a sophisticated local resident who was pulled over by a police officer who saw fit to fabricate a range of allegations on the way to making a DWI arrest. After all charges were dismissed upon the criminal court’s learning of the fabrications, the firm, through Alexander Klein, brought civil rights claims against the officer and his employer, Nassau County, for the false arrest, malicious prosecution, and evidence fabrication.

Represented by separate firms, both the county and the officer sought summary judgment—arguing that there had been probable cause for the arrest and prosecution. After an extensive oral argument in federal court by Klein against the two teams of defense counsel, the Court denied all applications for summary judgment, nearly granting a cross-motion for summary judgment by Klein, and certified the entire case for a jury trial.

The firm has been litigating this civil rights case since 2021, and the day of closure is now on the horizon.

Michael Philbin: In New York, it is common for firms to devote their entire practice to one side of the aisle. Criminal defense firms do criminal defense, for example, and civil rights firms to plaintiff’s work. One of the unusual facets of Barket Epstein is that it sports attorneys with deep experience from both corners of the market—prosecutors turned defense attorneys, defense attorneys turned plaintiffs’ lawyers, and plaintiffs’ lawyers who take special cases on defense.

One such case is the matter of Michael Philbin, a lieutenant in the NYPD sued in federal court for alleged civil rights violations. Led by Alexander Klein, the firm has vigorously defended Lt. Philbin against the allegations in federal court—a civil rights case with Barket Epstein on defense—and, after full briefing and oral argument, secured a decision granting in full its motion to dismiss the claims against Lt. Philbin for false arrest and malicious prosecution.

T. J.: Led by Alexander Klein and Kevin Kearon, the commercial litigation unit of Barket Epstein represents a well known business owner, T. J., in federal litigation against a large private investigations firm. After extensive briefing on a motion to dismiss by the adversary, the Southern District of New York ruled in favor of Ms. Jacobson and, through an 18 page decision, denied the defendant’s motion to dismiss in full.

The decision reflects an in-depth analysis of the pleading standards under federal law, how they apply to documents beyond the four-corners of a federal complaint, and how these principles interact with state law claims for breach of contract and tortious interference with contract.