August 8, 2022
Law360 reported on a decision by Judge Philip Halpern of the U.S. District Court for the Southern District of New York that Schlam Stone & Dolan’s client, the New York Black Car Operators’ Injury Compensation Fund, can pursue an immediate appeal to the Second Circuit of Judge Halperin’s decision that the Black Car Fund improperly collected a 2.5% surcharge on noncash tips to black car and for-hire drivers in New York. Schlam Stone & Dolan Partner Jonathan Mazer and Counsel Seth Allen convinced the District Court judge to certify the question to the Second Circuit for an interlocutory appeal. In the article, Allen is quoted, "[t]he Black Car Fund strongly believes that its enabling statute permits it to apply its surcharge to noncash gratuities, and we intend to ask the Second Circuit to accept a permissive appeal of this question of first impression. We look forward to explaining to the Second Circuit why the district court's decision was in error."
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