Federal Civil Cases
In our Firm’s opinion after decades of practice, Federal court judges in New York are the best and brightest in the business. They take a no-nonsense approach to every litigation in their respective courts and know the law at every conference. Litigants will not fool a federal court judge if there is law directly against one’s position. That high caliber in the New York federal court judiciary causes the attorneys to also be the best. Our firm faces lawyers and firms many times our size and resources. Consumers of legal services simply should not retain counsel familiar only with state court matters, as the rules and practices in federal courts can be different and strict.
Federal Civil litigation is not for the faint of heart. Most importantly, the timeline for resolution of a case is quick and strictly enforced. Compared with state court litigation in New York, federal court litigation can be considered subject to a “Rocket Docket.” Kupillas, Unger & Benjamin, LLP has handled multiple cases in federal court for both plaintiffs and defendants. Our New York City federal litigation attorneys are uniquely positioned to aggressively handle no-nonsense/no-delay litigation in federal court.
Litigating in Federal Court can sometimes also be more expensive than state court for the above reasons. The Rules of Procedure in New York Federal Court are similar but not identical to those in State Court. The caliber of judges and attorney work-product in Federal Court is also high. Judges in Federal Court know the Rules of Procedure and know the statutory and common laws well and may quickly and strictly enforce them.
Our Federal court civil actions typically revolve around business disputes. When business issues disrupt a business or personal life, the stakes can be very high. Kupillas, Unger & Benjamin, LLP represents New York businesses and high net-worth individuals in litigation, arbitration and mediation. Such business issues involve legal issues such as breach of contract, breach of fiduciary duty, interference with business relations, various levels of fraud, and related statutory and common laws. In many respects, federal litigation can be easier as the judiciary is sophisticated enough to have full grasp complex laws and their history, and of the facts a litigant presents.
With two decades of trial litigation experience, attorneys with Kupillas, Unger & Benjamin, LLP step into federal court with a high level of comfort that our clients need and want. Our New York City federal litigation lawyers represent plaintiffs and defendants mainly in the U.S. District Court for the Eastern, Southern and Western Districts (EDNY, SDNY and WDNY). Clients have come to us to resolve cases that were from the tens of thousands to millions, to purely injunctive relief.
One important but not well-known federal law is the False Claims Act or the “Qui Tam” Act 31 U.S.C. §§ 3729–3733. The Statute authorizes monetary recovery for employees and others with knowledge of persons or entities who defraud the United States Government. This can come in the form of Medicare or Medicaid reimbursement based on a fraudulent report to the government for services allegedly rendered. These are referred to as Whistleblower lawsuits and have to be filed first confidentially, before the U.S. Attorney decides it will take over the case and continue, with its resources, to prosecute the offender. The goal is to achieve a money recovery for the whistleblower as a percentage of the recovery by the federal government.
Other significant cases that the federal litigation attorneys at our New York City firm have handled involve the Civil RICO (Racketeer Influenced and Corrupt Organizations) Act 18 U.S.C. §§ 1961–1968 and the Fair Credit Reporting Act as well as other consumer related federal statutes. Each of these statutes allows the recovery of actual damages in addition to attorneys’ fees and costs upon their success of proof. Federal law encompasses a myriad of other statutes that are beneficial to both our consumer and business clients and certainly a preferred method of attacking a wrongdoer for bad behavior.
Kupillas, Unger & Benjamin, LLP can represent parties in all federal civil litigation in the EDNY, SDNY and WDNY in Brooklyn, Manhattan and Buffalo, New York, and in the Second Circuit Court of Appeals in Manhattan, New York.