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.
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.
The Appellate Division, First Department granted a preliminary injunction today halting construction of the controversial $130 million Pier 55 project on the West Side of Manhattan until it rules on whether the project is lawful. Work crews began pre-construction work on the 2.7-acre landscaped island yesterday and were to begin placing concrete pilings on July 5.
ECBA represents The City Club of New York, Tom Fox, and Robert Buchanan in several actions to challenge the project. Petitioners contend that the project fails to comply with the Hudson River Park Act, and that the environmental review process was inadequate under the State Environmental Quality Review Act. Richard D. Emery, a partner at ECBA, said: “This project is illegal because the Hudson River Park Trust cut corners, deceived the Legislature, and gave away public parkland to a private entity without the proper checks and balances. Today’s decision confirms that Diller Island would cause irreparable harm to the Hudson River and to the public, and that we are likely to succeed in stopping it for good.”
In issuing the preliminary injunction, the Appellate Division made an initial, and tentative, determination that petitioners are likely to succeed on the merits; that petitioners and the public will likely suffer irreparable harm if the injunction is not granted; and that the balance of equities tips in petitioners’ favor.
A federal court approved the settlement on behalf of New Yorkers who alleged fraudulent debt collection practices. The $60 million settlement in the case, captioned Sykes v. Mel S. Harris and Associates LLC, No. 09 Civ. 8486 (S.D.N.Y), is the largest ever of its kind. The settlement should also lead to the unprecedented vacating of approximately 195,000 court judgments and result in the forgiveness of over $1 billion in alleged debt. Plaintiffs’ lawsuit alleged that that Defendants used fraudulent practices to file debt collection lawsuits, obtain default judgments, and then collect on those judgments.
Judge Denny Chin found that the settlement is a “remarkable resolution” to “hard fought litigation” that will bring “extraordinarily meaningful benefits to tens of thousands of individuals.” He concludes that the settlement will have an “immediate and enormously positive impact on the lives of many.”
New York City and State have agreed to pay $23.78 million to Michael Cosme and Carlos Perez, who were wrongfully convicted and incarcerated for 18 years for two 1995 murders in which neither man had any involvement. Mr. Cosme and Mr. Perez will each receive $8 million from New York City, in addition to $3.89 million previously paid by New York State, for a total of $11.89 million each in settlements.
Mr. Cosme and Mr. Perez were jointly indicted with five other individuals for the 1995 murders of a livery taxi driver and a FedEx employee, despite the absence of any physical evidence connecting them to the crimes. A 2012 investigation by federal authorities revealed that the taxi driver’s murder had actually been committed by two gang members whose names came up repeatedly during the NYPD’s 1995 investigation but who were never pursued as suspects. The revelation that the two gang members had previously confessed to committing the taxi driver murder—without any involvement by any of the six people convicted—led to the recantation of a central witness in the FedEx case, who claimed that her trial testimony had been coerced and manufactured by NYPD detectives. After using this new information to help free Mr. Cosme and Mr. Perez from prison in 2013, ECBA attorneys Earl S. Ward, Elizabeth S. Saylor, and David A. Lebowitz represented the men in civil litigation against the City and State along with co-counsel Julia Kuan of Romano & Kuan, PLLC.
ECBA and Romano & Kuan previously obtained $6.7 million in settlements from the City and State on behalf of the estate of Israel Vasquez, one of the other individuals wrongly accused of the same two 1995 murders, who spent over 12 years in prison before his conviction was overturned due to the insufficiency of the evidence against him. The team has thus recovered over $30 million for these three families in connection with this tragic case. The New York Times and the New York Daily News, among other publications, covered the settlements.
A federal court has preliminarily approved a settlement on behalf of New Yorkers who alleged fraudulent debt collection practices. The $59 million settlement in the case, captioned Sykes v. Mel S. Harris and Associates LLC, No. 09 Civ. 8486 (S.D.N.Y), is believed to be the largest ever of its kind. The settlement is also expected to lead to the unprecedented vacating of approximately 195,000 court judgments. If your debt was owned by LR Credit, you may be a class member; for more information, please visit www.sykesclassaction.com.
Plaintiffs’ lawsuit alleged that that Defendants used fraudulent practices to file debt collection lawsuits, obtain default judgments, and then collect on those judgments; Defendants deny liability. The Defendants lost their appeal to the U.S. Second Circuit Court of Appeals in early 2015, in which they sought to invalidate the trial court’s certification of the class.
Today, Emery Celli Brinckerhoff & Abady and the Brennan Center for Justice, on behalf of several former and current State legislators and other plaintiffs, filed suit against the New York State Board of Elections to close the State’s infamous “LLC Loophole.” Since the Loophole was created by the BOE in 1996, contributors donating through LLCs have circumvented contribution limits and disclosure requirements that the Legislature created to protect the integrity of New York’s democratic process — and injected millions of secret dollars into state elections. In April the Brennan Center and Emery Celli asked the BOE to close the Loophole, but the board, in a 2-2 vote, refused to rescind its earlier decision and thereby defeated this attempt at reform. This lawsuit presents a promising opportunity to close the Loophole once and for all. ECBA attorneys Andrew G. Celli Jr., Elizabeth Saylor, and Ali Frick represent the bipartisan group of plaintiffs.
On behalf of hundreds of former medical residents who trained in The New York and Presbyterian Hospital’s Weill Cornell Campus Residency Program between January 1, 1995 and June 30, 2001, ECBA obtained preliminary approval of a $6.632 million settlement. Former medical residents had commenced an action in the SDNY claiming that the hospital acted against their interest when it agreed with the IRS not to seek refunds of Federal Insurance Contribution Act (“FICA”) taxes paid by or on behalf of itself and medical residents in the NYP/Weill Cornell Residency Program and failed to disclose the agreement. Two related lawsuits were filed as class actions by different sets of plaintiffs under Federal Rule of Civil Procedure 23, and both were consolidated. If you are a member of the class, please provide your current address, phone number, and the years you were a resident to the administrator by calling 877-804-9743 or emailing firstname.lastname@example.org. More information will soon be available at www.nyficasettlement.com.
To view the Settlement Notice and Declaration of Previous Refund, click here.
To view the Joint Stipulation of Settlement and Release, click here.
To view the Order Granting Preliminary Approval of Class Settlement, Conditionally, Certifying Rule 23 Settlement Class, Appointing Class Class Counsel, and Approving Proposed Notice Procedures, click here.
Emery Celli Brinkerhoff & Abady and A Better Balance, a national legal advocacy organization, today filed a charge with the federal Equal Employment Opportunity Commission alleging that Savers, a company that operates hundreds of retail stores nationwide, fired Betzaida Cruz Cardona because she was pregnant. The charge alleges that Savers fired Ms. Cruz, a cashier in the company’s Henrietta, New York store, just days after she announced her pregnancy and on the same day that she brought in a doctor’s note stating that she could not lift over 25 pounds due to her pregnancy. Savers terminated her even though Ms. Cruz never did heavy lifting in the store, and lifting was not part of her job description. According to the charge, Savers’ actions violate federal and state pregnancy and disability anti-discrimination laws. The charge also alleges that Savers, and its subsidiaries, have engaged in a pattern and practice of pregnancy discrimination. Ms. Cruz is represented by ECBA attorney Elizabeth S. Saylor and A Better Balance attorneys Dina Bakst and Jake McDonald.
To read a copy of the charge click here. To read the press release click here. A New York Times article concerning a prior pregnancy discrimination case against Savers is available here. To read Democrat and Chronicle’s coverage click here and here. To read Think Progress’ coverage click here.