Brennan v. Community Service Society

Motion directed to the answer of defendant Community Service Society of New York is determined as follows: The second and third separate defenses, consisting of paragraphs 9 and 10, will be allowed to stand. I do not decide, because it is unnecessary to do so now, whether a settlement, for a lesser sum, of moneys due under the Fair Labor Standards Act of 1938 (U. S. Code, tit. 29, § 201 et seq.) would be valid. Certainly in the absence of a genuine dispute it should not be held valid, because unless there is such a dispute there can be no accord and satisfaction. It has been held by some…