Coleman v. brokersXpress, LLC, et al.

On April 28, 2010, H&L Partner Harris L. Kay argued the case of Coleman v. brokersXpress, LLC, et al. before the United States Court of Appeals for the Second Circuit. Mr. Kay appeared on behalf of the defendants, a broker-dealer, a financial services holding company, and several executives and employees of the entities. The defendants had previously prevailed on Motion to Dismiss in the United States District Court of the Southern District of New York (Judge Scheindlin).

In his appeal the pro se plaintiff argued that the District Court had erred in dismissing his employment discrimination claim on the grounds that his complaint did not plead facts sufficient to state a claim for relief that was plausible.

By Summary Order of April 30, 2010, the Second Circuit affirmed the decision of the District Court below.