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Credit Union Files Emergency Motion to Remove Michael Mulvaney from the Consumer Financial Protection Bureau

This morning, the law firm of Emery Celli Brinckerhoff & Abady LLP (ECBA) filed an emergency motion in federal court on behalf of the Lower East Side People’s Federal Credit Union to remove Michael Mulvaney as Acting Director of the Consumer Financial Protection Bureau (CFPB).

The case challenges President Trump’s recent, illegal takeover of the CFPB through his White House employee, Mr. Mulvaney.

“We believe strongly that the CFPB must be an independent agency, and the succession process as outlined in the law is the only way to ensure that independence,” said Linda Levy, CEO of the Credit Union.

“Donald Trump’s takeover of the CFPB is a naked, illegal power grab,” said Ilann M. Maazel, a partner at ECBA, and lead counsel for the Credit Union. “We are asking the court to end the regulatory chaos and end Mr. Mulvaney’s tenure before he destroys the agency completely.”

“Mr. Mulvaney is gutting the CFPB every day he is permitted to remain at its helm. The CFPB must be able to do its job of holding financial institutions accountable, free from political meddling,” said Debra Greenberger, a partner at ECBA, and counsel for the Credit Union.

The Credit Union is a not-for-profit, federally-regulated financial cooperative owned by its approximately 8,500 members and dedicated to providing high-quality financial services and community development investments in low income, immigrant and other underserved communities.

The original federal complaint can be found here.

Read coverage of the motion in the Washington Examiner and The Intercept.

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Credit Union Sues Donald Trump to Save the Consumer Financial Protection Bureau

This afternoon, the law firm of Emery Celli Brinckerhoff & Abady LLP (ECBA) filed a lawsuit on behalf of the Lower East Side People’s Federal Credit Union against Donald Trump and Michael Mulvaney. The lawsuit was filed in federal court in Manhattan.

The lawsuit challenges President Trump’s recent, illegal takeover of the federal Consumer Financial Protection Bureau (CFPB), in which he installed his at-will White House employee, Michael Mulvaney, to be Acting Director of the CFPB. The CFPB protects millions of Americans from unfair, deceptive, and abusive practices in the financial marketplace. Mr. Mulvaney has called the CFPB a “sad, sick joke.”

“We support the CFPB as a protector of our low income members’ financial rights, and fear that the appointment of an Acting Director beholden to the White House could result in upheaval and ultimate dissolution of this critical agency,” said Linda Levy, CEO of the Credit Union. “Having experienced the devastation that the 2008 mortgage crisis wreaked on our low income members, we need the CFPB to protect communities targeted by financial predators.”

“This is a naked, illegal power grab by Donald Trump to destroy an agency that helps and protects millions of ordinary Americans,” said Ilann M. Maazel, a partner at ECBA, and lead counsel for the Credit Union. “The law requires Leandra English to be CFPB’s Acting Director.”

“President Trump’s attempt to install a White House official as the acting head of what is supposed to be an independent agency is deeply disturbing and should concern everyone,” said Debra Greenberger, a partner at ECBA, and counsel for the Credit Union.

The Credit Union is a not-for-profit, federally-regulated financial cooperative owned by its approximately 8,500 members and dedicated to providing high-quality financial services and community development investments in low income, immigrant and other underserved communities.

Read coverage of the lawsuit in Reuters, the New York Post, and The Villager.

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ECBA Files Class Action Challenging Over-detentions of People Entitled to Release on Bail from New York City Jails

On October 4, 2017, ECBA and co-counsel Romano & Kuan PLLC filed a federal class action lawsuit on behalf of presumptively innocent criminal defendants held for hours or days in New York City jails despite being entitled to release on bail. The complaint alleges that the City has been deliberately indifferent to the problem of unreasonable systemic delays in accepting bail payments and in processing detainees for release once bail is posted. The suit details a Kafka-esque system where antiquated technology, inadequate staffing, and indifference conspire to keep thousands of New Yorkers each year in jail for hours or days without any legal basis.

To read the complaint, click here.

To read coverage of the lawsuit in the New York Daily News, click here.

ECBA’s Matt Brinckerhoff , Debbie Greenberger, and David Lebowitz, along with Julia Kuan of Romano and Kuan, represent the plaintiffs.

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ECBA Attorneys Featured in Video About Debt Collection Class Action

Public Justice produced videos for the finalists for the 2017 Trial Lawyer of the Year Award. This one summarizes the Sykes v. Harris case, a years-long litigation in which ECBA, MFY Legal Services, and the New Economy Project won $60 million for a class of consumers victimized by illegal debt collection practices.

 

ECBA attorneys Matthew Brinckerhoff and Debra Greenberger are featured in the video. Learn more about the case here and read the New York Times’ coverage of the settlement here.

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ECBA Attorneys Finalists for 2017 Trial Lawyer of the Year Award

Public Justice has announced that the attorneys for Sykes v. Mel S. Harris & Associates, LLC are finalists for the organization’s 2017 Trial Lawyer of the Year Award.  ECBA co-counseled with MFY Legal Services and the New Economy Project to bring a federal class action challenging a fraudulent debt collection scheme.

Under the settlement negotiated by the legal team after six years of hard-fought litigation, the defendants paid nearly $60 million to class members.  They also agreed to exit the debt collection business and to extinguish all outstanding consumer debt that was part of the scheme, which had a total face value of over $1 billion. In a cutting edge component of the settlement, the defendants also agreed to cooperate with a supplementary state court proceeding to vacate the default judgments en masse and, as a result, nearly 200,000 fraudulently-obtained default judgments have been vacated. More on the case and the settlement is available here.

ECBA attorneys working on this case include Matthew Brinckerhoff, Debra Greenberger, Elizabeth Saylor, Jonathan Abady and Jessica Clarke.

More information on Public Justice’s Trial Lawyer of the Year Award can be found here.

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ECBA Brings Wrongful Arrest Lawsuit on Behalf of Keith Mitchell

ECBA brought suit on behalf of Keith Mitchell against the NYPD detective who wrongfully arrested and prosecuted him for a burglary and assault he did not commit.  Mr. Mitchell spent more than two years at Rikers Island waiting for a trial to clear his name before being acquitted by a jury.  To read the New York Daily News’ coverage of this lawsuit click here.  Mr. Mitchell is represented by Debra L. Greenberger and Doug Lieb.

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Supreme Court Upholds City Standing Under Fair Housing Act, as ECBA Sought in Amicus Brief

The United States Supreme Court has ruled that the City of Miami has standing under the Fair Housing Act to sue banks that engaged in predatory lending, triggering foreclosures and other harms throughout the City. ECBA filed an amicus brief in the case supporting the City’s position, on behalf of Miami’s firefighters and first responders who have had to cope with an increase in crimes and other problems festering in foreclosed, vacant properties. The brief was authored by ECBA attorneys Diane L. Houk, Debra Greenberger, and Zoe Salzman.

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ECBA Obtains Class Certification for Challenge to NYC’s Policy of Detaining Immigrants

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.

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ECBA Leads Historic Recount Litigation on Behalf of Jill Stein in Michigan, Wisconsin, and Pennsylvania

In the first ever legal effort to challenge election results in multiple jurisdictions for a Presidential contest in the United States, ECBA is representing Jill Stein and her campaign in election integrity efforts and attempts to obtain recounts in three states: Michigan, Wisconsin, and Pennsylvania. Stein filed petitions for recount in Michigan and Wisconsin, and mobilized voters to seek recounts in Pennsylvania.  ECBA has litigated various state and federal actions to pursue those recount requests. The most recent information and filings concerning the rapidly-changing developments in the three states are available here for Pennsylvania, here for Michigan, and here for Wisconsin.

ECBA attorneys Jonathan S. Abady, Matt D. Brinckerhoff, Andrew G. Celli, Jr., Ilann Maazel, Elizabeth Saylor, Debra L. Greenberger, Ali Frick, David Lebowitz, Hayley HorowitzDoug Lieb, Alanna Small, and Jessica Clark are the lawyers litigating these efforts.

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Landmark $5.75 Million Settlement in Rikers Death Case

The Legal Aid Society Prisoners’ Rights Project and Emery Celli Brinckerhoff & Abady announced a settlement in the case of Bradley Ballard, whose horrific death at Rikers Island in 2013 was ruled a homicide. The settlement of $5,750,000 is the largest ever entered into by New York City for a death in custody.

Mr. Ballard, 39, was a seriously mentally ill and diabetic man who died in 2013 due to the abuse and cruelty of Department of Correction staff and the medical providers on Rikers Island. From the moment Mr. Ballard arrived at Rikers, on a parole violation for failing to change a report of address, his serious medical and mental health needs were mishandled by the City’s health care contractor at the time, Corizon Health, Inc.  The abuse took a macabre turn when Department of Correction staff illegally shut him in his cell as a rogue punishment for perceived rudeness, leaving him to decompensate without medication or treatment for his schizophrenia and diabetes.  For seven days, until Mr. Ballard died on September 11, 2013, correction and medical staff walked by the locked cell without offering assistance, turned off the water to his cell, and ignored his obvious and fatally deteriorating state until it was too late.

Mr. Ballard’s death was unusual in its gruesomeness, and his suffering was unmatched as reflected by the historic settlement. But the torture he endured resulted from longstanding and known system failures that have plagued Rikers healthcare and supervision of medical and correction staff.  In 2015, Corizon’s contract for healthcare was finally cancelled, though many of the correction staff who so woefully failed in their duties remain in the jails.   Mr. Ballard’s family can only hope that the City can usher in a new era of basic humanity and competence at Rikers.  They hope that the settlement will spark a rigorous review of the cascade of failures and misconduct that caused Mr. Bradley’s premature and painful death.  No other patient, and no family, should have to endure their suffering.

Mr. Ballard’s mother, Beverly Ann Griffin, was represented in this lawsuit by Jonathan S. Abady, Debra L. Greenberger and Hayley Horowitz of ECBA and Jonathan Chasan and Mary Lynne Werlwas of the Legal Aid Society.

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