In what may be the first federal court decision dealing with New York City's new Freelance Isn't Free Act (FIFA), Thompson & Skrabanek has survived a motion to dismiss and its client will be permitted to proceed to discovery with its FIFA claims. FIFA was enacted in 2016 in order to provide additional protections and recovery options for unpaid freelancers. Yet few published decisions have dealt with the landmark new local law.
Partner John J. Thompson briefed the motion, successfully warding off dismissal in the Eastern District of New York. In an opinion issued by Judge Margo K. Brodie, the Court held that T&S's client had adequately stated his FIFA claim and could proceed with the case. The Court also rejected the defendants' arguments that it lacked personal jurisdiction in the case.