On behalf of clients The City Club of New York, Robert Buchanan, and Tom Fox, ECBA won a victory in federal district court against “Pier 55,” a proposed island performance venue in the Hudson River in Manhattan. The court ruled that the U.S. Army Corps of Engineers was wrong to issue a permit for the project under the Clean Water Act because the project did not need to be built in a waterway to achieve its most important goals. Construction has now been halted. The court’s decision was covered by the New York Times, New York Daily News, and Curbed, among others. ECBA lawyers Richard Emery, Elizabeth Saylor, and Doug Lieb represent the City Club and the other petitioners. Read more about ECBA’s work on this project here.
On March 1, 2017, the United States filed a housing discrimination suit on behalf of several ECBA clients against Bedford Development LLC, Carnegie Construction Corp., Jobco Inc., Robert Pascucci, and Warshauer Mellusi Warshauer Architects, P.C. The complaint alleges that these defendants failed to design and construct Sutton Manor condominium in Mount Kisco, New York, in a manner accessible to persons with disabilities. ECBA represents several disabled residents who purchased units at Sutton Manor based on the false promise of an accessible home to live in post-retirement. This suit originates from complaints ECBA filed on behalf of these residents with the Department of Housing and Urban Development. They are represented by Diane L. Houk and Jessica Clarke of ECBA.
To read more about the complaint, click here.
The proposed settlement in the Trump University lawsuit came under attack today. One of the victims in the fraud and racketeering case against Donald J. Trump, pending before Hon. Gonzalo P. Curiel in San Diego federal court, objected to the proposed class action settlement. In her filing, class member Sherri B. Simpson pointed out that class members were promised, in writing, that they would receive an opportunity “to be excluded from any settlement” and take their own claims to trial against Mr. Trump. And yet, her objection notes, the settling parties signed a settlement agreement that provides class members may not opt out. Ms. Simpson’s objection asks Judge Curiel to enforce the promise and allow her – and any other victims who choose to pass on the proposed deal – to proceed to a fraud and racketeering trial against Mr. Trump.
Ms. Simpson is clear on what she is seeking: “We are now asking Judge Curiel to hold the parties to their promises and let victims decide if they want to settle with Mr. Trump or take their individual cases to trial. It’s a matter of fairness and of due process. People deserve their day in court. That’s why I filed the objection.”
ECBA attorneys Andrew Celli and Ilann Maazel represent Sherri Simpson along with Gary Friedman of Friedman Law Group and Markun Zusman Freniere & Compton LLP in California.
Read more about the case in press coverage by the New York Times.
The State of New York has paid $3 million to the family of a developmentally disabled boy who was repeatedly sexually assaulted and abused by an employee at the State-run group home near Utica where he lived. The abuse took place over multiple years, and was discovered after photos and videos the abuser, Steven DeProspero, had made of the assaults were found on his computer. DeProspero is currently incarcerated under both state and federal convictions for crimes related to the abuse.
ECBA attorneys Ilann Maazel, Andrew G. Celli, Jr., and Ali Frick represented the boy’s family. As Mr. Celli told the AP, “This is a case where you had someone who really was evil. But what failed here was the system. You have to have systems in place to ensure the safety of children who have needs, and they just fell down on the job here.”
Emery Celli Brinckerhoff & Abady filed an amicus brief on behalf of four veterans organizations, Vets for American Ideals, Vote Vets, Common Defense, and No One Left Behind. The brief was filed in the pending case Darweesh, et al. v. Trump, et al. (E.D.N.Y.), which challenges President Trump’s Executive Order banning immigrants from seven majority-Muslim nations. Based on their experience fighting on the front lines against ISIS and other U.S. enemies, these veterans argue that the ban is contrary to the American ideals they fought for, will make it more difficult for their fellow American soldiers to recruit essential local allies in Iraq and in other Muslim countries, and will be a powerful propaganda tool for our enemies that will make the work of deployed American soldiers more difficult and more dangerous. The brief was written by ECBA partners Matthew D. Brinckerhoff, Elizabeth S. Saylor, and Zoe Salzman.
Click here to read the full brief.
Emery Celli Brickerhoff & Abady joined activist group Free Speech for the People to ask the New York Attorney General to shut down the Trump Organization for serial violations of state law. As the Washington Post reported, the groups argue in a 24-page letter that “the combination of past legal abuses and current conflicts of interests constituted such a pattern of corporate misbehavior that the attorney general ought to revoke the company’s charter.” The letter states: “By continuing to operate under Trump family ownership and control with President Trump in the White House, the Trump Organization flagrantly abuses its state-granted powers, contrary to the public policies of New York against corruption and conflicts of interest, and contrary to the U.S. Constitution.” Attorney General Eric Schneiderman’s office said he would review the letter. ECBA partners Jonathan Abady and Andrew G. Celli, Jr. are working on this matter.
Click here to read the letter in full, and click here to read WNYC’s coverage of the effort.
On February 3, 2017, after a six year odyssey through the criminal justice system, Cesar Villavicencio was acquitted of murder and released from custody. ECBA partner Earl Ward was able to demonstrate to the jury that the medical examiner’s conclusion that the deceased died from strangulation was wrong and, further, that the death was caused by a drug overdose.
The Bronx Supreme Court granted ECBA’s motion for class certification of a case challenging New York City’s practice of imprisoning people at Rikers Island based on requests by federal immigration authorities prior to December 21, 2012. The case, Onadia v. City of New York, 0300340/2010, alleges that the City had no basis to imprison the thousands of class members who were held for days and even weeks past their scheduled release date based on these immigration requests. For more information see the New York Law Journal’s coverage; you can also read the decision here. The class is represented by ECBA attorneys Matthew Brinckerhoff and Debbie Greenberger and co-counsel Ameer Benno.