Avi Kumin's Notable Case Successes

 
AAA Arbitration
Mr. Kumin and firm associate Harini Srinivasan represented a former restaurant manager in an arbitration lawsuit against a large restaurant corporation.  The lawsuit alleged that the company terminated the plaintiff, ostensibly for missing several days of work, despite having received notice and medical confirmation from the plaintiff that the reason he had missed work was because he had just suffered a type of stroke.  After litigation and trial, the arbitrator ruled in favor of the plaintiff, finding the company liable for violation of both the Americans with Disabilities Act and the Family and Medical Leave Act.  The arbitrator awarded the plaintiff $600,000, as well as a separate award of attorneys’ fees, for a total judgment of over a million dollars. 

Romdhani et al. v. Exxon-Mobil Corp.
Mr. Kumin led a team of KMB attorneys in this multi-plaintiff suit against Exxon-Mobil Corporation, the largest company in the world.  In their lawsuit, filed in Delaware federal court, plaintiffs Sofiene Romdhani, Michelle Maloney, and Bobbijo Zeller alleged that their supervisors at Exxon subjected them to religious and racial harassment and discrimination, and then retaliated against them once they complained about that harassment. When Exxon filed a motion for summary judgment seeking to dismiss the case, Mr. Kumin convinced the court to deny the motion. Exxon ultimately resolved the case with the plaintiffs.

Oscarson v. U.S. Senate Sergeant at Arms
Mr. Kumin, along with KMB partner Lisa Banks, filed suit against the U.S. Senate Sergeant at Arms on behalf of longtime employee Wendy Oscarson, who alleged that the Senate had for years failed to accommodate her physical disabilities in violation of the Americans with Disabilities Act. When the Senate repeated several motions seeking to dismiss the case, Mr. Kumin drafted oppositions which convinced the judge to deny them all. Mr. Kumin then successfully argued before the U.S. Court of Appeals for the District of Columbia Circuit, obtaining a ruling dismissing the Senate’s attempt to appeal the matter. Following this ruling, the Senate then resolved the matter with Ms. Oscarson.

Davies v. U.S. Army Corps of Engineers
Mr. Kumin filed this lawsuit under the federal Whistleblower Protection Act to vindicate the rights of longtime federal employee Art Davies, who alleged that he was retaliated against after he reported legal violations and waste of federal funds at the U.S. Army Corps of Engineers. Mr. Kumin first filed a complaint with the U.S. Office of Special Counsel, which agreed that Mr. Davies had been retaliated against; Mr. Kumin was able to settle that portion of the case for a cash payment of $265,000. Mr. Kumin then filed an appeal of another portion of the case to the U.S. Merit Systems Protection Board, ultimately convincing the Corps of Engineers to settle the second portion of the case for benefits worth additional hundreds of thousands of dollars, including cash, attorneys’ fees, backpay, promotion to a higher pay band, and retroactive retirement pay.