Don Imus’ Ex-Sportscaster Loses Ageism Suit On Appeal
Martin Garbus Quoted on Law360
Law360 (March 21, 2019, 8:21 PM EDT) -- A New York appellate panel has rejected a sportscaster’s age discrimination claims against his former boss Don Imus, finding they don't jibe with state human rights laws because the ex-employee was working in Florida when he was fired.
In a brief decision, the five-judge Appellate Division panel said a lower court properly threw out Warner Wolf’s New York discrimination claims against Imus and others at Cumulus Media Inc. last fall because he had moved to Florida several months before his termination.
Martin S. Garbus of Offit Kurman PA, an attorney for Imus, called the lawsuit "silly" in a phone interview with Law360.
"There no question that if [Wolf] takes an appeal, he'll lose," Garbus said. "I've told his attorney, if [Wolf] doesn't drop the suit, he'll be sued for malicious prosecution."
Counsel for the Cumulus executives did not immediately respond to a request for comment.
Justices Dianne Renwick, Marcy Kahn, David Friedman, Troy Webber and Cynthia Kern sat on the panel that reached Thursday’s decision.
ABOUT MARTIN GARBUS
Martin Garbus has a diverse practice that consists of individuals and companies involved in politics, media, entertainment, and the arts. His courtroom skills have earned him a distinguished reputation as a trial lawyer.
Mr. Garbus is experienced in every aspect of litigation and trial, from jury selection to cross-examination to summation. He has argued cases throughout the country involving constitutional, criminal, copyright, and intellectual property law. He has appeared before the United States Supreme Court, as well as trial and appellate courts throughout the United States. He has argued and written briefs that have been submitted to the United States Supreme Court; a number of which have resulted in changes in the law on a nationwide basis, including one described by Justice William Brennan as “probably the most important due process case in the Twentieth Century”.
ABOUT OFFIT KURMAN
Offit Kurman is one of the fastest-growing, full-service law firms in the mid-Atlantic region. With over 185 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well positioned to meet the needs of dynamic businesses and the people who own and operate them. Our twelve offices serve individual and corporate clients along the I95 corridor in the Virginia, Washington, DC, Maryland, Delaware, Pennsylvania, New Jersey, and New York City regions. At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we consistently maintain our clients’ confidence by remaining focused on furthering their objectives and achieving their goals in an efficient manner. Trust, knowledge, confidence—in a partner, that’s perfect.
Find out why Offit Kurman is The Better Way to protect your business, your assets and your family by connecting via our Blog, Facebook, Twitter, Instagram, YouTube, and LinkedIn pages. You can also sign up to receive Law Matters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.
MARYLAND | PENNSYLVANIA | VIRGINIA| NEW JERSEY | NEW YORK | DELAWARE | WASHINGTON, DC