www.CharlesJeromeWare.com
A former attorney associate at New York law firm Kasowitz, Benson, Torres & Friedman has some problems. Despite his self-described "superior legal mind" Gregory Berry was fired by the firm, and he has now lost both his trial and appeal alleging wrongful termination.
According to his complaint in this case Berry took the attorney associate job because he was told that the firm gave associates a high degree of freedom and responsibility. However, he said those representations proved false, and he was fired for asking for more responsibility in an email in which he wrote, among other things, that "after working here for several months now it has become clear that I have as much experience and ability as an associate many years my senior, as much skill writing, and a superior legal mind to most I have met."
The law firm countered and argued that the suit must be dismissed because Berry (aka, "the superior legal mind") had signed a release as part of a $27,000 severance agreement. Berry countered that his severance payment was 15 days late and $600 of it was never paid. Nonetheless, Manhattan Supreme Court Justice Eileen Bransten dismissed the case last January (2012).
A unanimous panel of the Appellate Division, First Department, on January 22nd, 2013, affirmed the dismissal of a $77 million wrongful termination suit against Kasowitz, Benson, Torres & Friedman brought by Berry. Berry worked in the software industry for 15 years before going to the University of Pennsylvania Law School. After graduating in 2010, he was hired by Kasowitz, but was fired after less than a year.
The appeals panel affirmed in Berry v. Kasowitz, Benson, Torres & Friedman, 652274/11, a two-sentence unsigned opinion. The "plaintiff's claims are barred by the release [agreement] and were properly dismissed," the appellate court panel wrote.
[www.newyorklawjournal.com/PubArticle/FriendlyNY/"Dismissal of Ex-Associate's Suit Against Firm Is Upheld"; www.abajournal.com/news/article/ "Associate Who Told Partners Of His 'Superior Legal Mind' Loses Appeal"/January 23rd, 2013]
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