Merrill Lynch OT Action Stays In NY

Law360, New York (January 13, 2012, 4:02 PM EST) -- A putative class action that claims Merrill Lynch & Co. Inc. underpaid administrative staff's overtime will stay in a New York court, a federal judge ruled Friday, denying the Bank of America Corp. subsidiary's bid to kick the case to Texas.

“Defendants have not met their burden of demonstrating that transfer is appropriate,” U.S. District Judge Paul G. Gardephe said in a written order. “It appears that the most material testimony is likely to come from witnesses based at Merrill Lynch's New York headquarters.”

The plaintiffs,...
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Case Information

Case Title

Martignago v. Merrill Lynch & Co., Inc. et al

Case Number



New York Southern

Nature of Suit

Labor: Fair Standards


Paul G. Gardephe

Date Filed

June 9, 2011

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