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Quiz of the Month

By ALM Staff | Law Journal Newsletters |
October 27, 2003

Q: Is the legal standard for the enforcement of a waiver of claims the same under both federal and New York law?

No. The federal 'totality of the circumstances' standard is more stringent than the standard New York contract law principles applicable in the waiver of claims setting. As such, a release found enforceable under federal law will also of necessity be enforceable under New York law; the reverse, however, is not necessarily true as a release may suffice to waive a New York law claim eg, a State or City Human Rights Law claim, but not a federal statutory discrimination claim. Bachiller v. Turn On Products, Inc., 2003 WL 1878416 (S.D.N.Y 4/14/03).

Q: Is the legal standard for the enforcement of a waiver of claims the same under both federal and New York law?

No. The federal 'totality of the circumstances' standard is more stringent than the standard New York contract law principles applicable in the waiver of claims setting. As such, a release found enforceable under federal law will also of necessity be enforceable under New York law; the reverse, however, is not necessarily true as a release may suffice to waive a New York law claim eg, a State or City Human Rights Law claim, but not a federal statutory discrimination claim. Bachiller v. Turn On Products, Inc., 2003 WL 1878416 (S.D.N.Y 4/14/03).

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