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CASE NAME:Shanti Gurung v. Jogesh Malhotra et al
ALL PLAINTIFFS:Shanti Gurung
ALL DEFENDANTS:Jogesh Malhotra, Neena Malhotra
CITATION:851 F. Supp. 2d 583 (S.D.N.Y. 2012)
DOCKET NUMBER:1:10-cv-05086-VM-FM
SOURCE:Bloomberg, Lexis Search, News Article
TYPE OF CASE:Civil
RELATED CASE CITATION:
TYPE OF TRIAL:Judge
TRIAL JUDGE(S):Victor Marrero
YEAR OF ARREST:
YEAR OF VERDICT:2011
TYPE OF COURT:Federal Court
STATE:New York
FEDERAL DISTRICT:Southern District Court
STATE COUNTY:
AGE OF VICTIM(S):Adult and Minor
NUMBER OF VICTIMS:1
GENDER OF VICTIM(S):Female
VICTIM'S COUNTRY OF ORIGIN:India
METHOD OF ENTRY INTO THE U.S.:A-3 visa
WAS VICTIM CHARGED WITH A CRIME:No
NUMBER OF DEFENDANT(S):2
GENDER OF DEFENDANT(S):Female and Male
TYPE OF INDUSTRY:Labor
CASE CATEGORIZATION:Domestic Servant
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FIRST CLAIM:Violation of labor laws regarding minimum and overtime wages
FIRST CLAIM US/STATE CODE CITATION:29 U.S.C. § 201, et seq., N.Y. Lab. Law § 650, et seq
FIRST CLAIM RESULT:Liable
DAMAGES AWARDED FOR FIRST CLAIM:$392,721
SECOND CLAIM:Emotional distress
SECOND CLAIM US/STATE CODE CITATION:18 U.S.C. §§ 1584, 1589, 1590, 1592
SECOND CLAIM RESULT:Liable
DAMAGES AWARDED FOR SECOND CLAIM:$500,000
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TOTAL AWARD:$1,458,335
APPEAL:No
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APPEAL STILL PENDING?:Unknown
SUMMARY:Defendants Jogesh and Neena Malhotra recruited plaintiff Shanti Gurung to travel to the U.S. to work for them. Gurung was promised approximately $100 per month in exchange for "light cooking, light cleaning, and staffing the occasional house party." Once in the U.S., Gurung was not paid according to their agreement or in accordance with federal and New York labor laws. She was forced to work long hours, eat table scraps, and sleep on the kitchen floor from 2006-2009. She was threatened that the U.S. authorities would rape and deport her. Summary judgment was granted to Gurung for roughly $1.5 million. However, since the Malhotras are Indian diplomats and are currently in India, Gurung has not recovered her judgment.
Approval Status:Approved
Approver Comments:
            
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