Profile of Chittur & Associates, Arbitration and Consumer Protection in NYC

Chittur & Associates, P.C., is a friendly and small, but savvy and sophisticated, law firm. Our work ethic is uncompromising, our tenacity is unwavering, and our commitment to clients is unswerving. We handle few cases at a time, thereby ensuring focused attention to each case and get the best results for our clients. As a result of this laser-like focus, we have often obtained extremely favorable results. Whether in class actions, religious organization disputes, or in other commercial litigation and appeals, we have frequently secured judgments or optimum settlements tailored to fulfill clients' (and class') needs, whether that need is monetary or non monetary (e.g., change of a business practice).

In a class action against Northern Leasing Systems, Inc., Chittur obtained a landmark ruling from New York's highest court which considerably relaxed the pleading requirements for fraud against senior corporate management in cases involving massive corporate fraud. Often, corporate management is immunized from personal liability for the fraud by the pleading-with-particularity requirement: Victims are far removed from top management, and unable to meet this pleading requirement, i.e., plead details of top management's knowledge and participation. The U.S. Chamber of Commerce filed an amicus brief against Chittur, arguing that mere recitation of corporate officers' titles was insufficient for fraud claims. However, the N.Y. Court of Appeals rejected that argument. In an epoch-making ruling, it held that "The very nature of the scheme . . . gives rise to the reasonable inference" that the "corporate officers as individuals and the key positions they held, knew of and/or were involved in the fraud." Pludeman v. Northern Leasing Systems, Inc.

In a class action against the automobile giant Honda, Chittur secured a precedent-setting first in New York law: a preliminary injunction without the posting of any bond, convincing the Court to hold that "plaintiffs as consumers stand in the shoes of the Attorney General, who is not required to post a bond." Shaw v. American Honda Finance Corp. The action eventually settled with Honda agreeing to refund 2/3 of payments made by over 15,000 class members since October 1997.

In another class action against the HMO giant Oxford Health Insurance, Chittur secured another precedent setting first in New York law: a Court order in a highly contested class certification requiring defendants (instead of plaintiffs) to bear the cost of class notification. Makastchian v. Oxford Health Insurance. Representing a class of over 12,000 insureds, Chittur obtained summary judgment on liability as a matter of law, Makastchian v. Oxford Health Plans. After five years of bitter litigation, including 3 appeals and multitudinous motions, the case was settled on the eve of trial when Oxford finally agreed to pay class members 100% of the damages recoverable under law, and attorneys' fees and expenses.

Some Notable Recent Successes: Class Actions

Some Notable Recent Successes: Religious Organizations’ Disputes

Some Notable Recent Successes: Civil Commercial Litigation