On January 23, 2017, Citizens for Responsibility and Ethics in Washington filed a landmark federal lawsuit in New York against Donald Trump, prompted by his violations of the Domestic and Foreign Emoluments Clauses of the United States Constitution. On August 11, 2017, ECBA filed an amicus curiae brief in support of CREW on behalf of Sarah P. Chayes, an internationally-recognized expert in corruption and kleptocratic regimes and a Senior Fellow with the Carnegie Endowment for International Peace. Chayes argues that Trump’s business interests promote corruption, undermine U.S. foreign policy, and threaten American democracy. CREW’s Second Amended Complaint is available here. Chayes’s amicus brief is available here. The New York Times, the Washington Post, Bloomberg, and Slate, among other outlets, have covered the lawsuit.
The case arose from a tragic house fire in Stamford, Connecticut on Christmas Day, 2011. Lily, 9, and Sarah and Grace, each 7, all died in the fire, as did their grandparents, Lomer and Pauline Johnson. The settlement marks the end of more than five years of investigation and litigation. Matthew Badger, the girls’ father and the original administrator of their estates, brought the case in June 2012.
On July 5, 2017 federal judge Paul A. Engelmayer denied motions brought by several New York State employees to dismiss a lawsuit filed by ECBA on behalf of family members of three developmentally disabled adults alleging rampant abuse and neglect at a State-run group home in the Bronx. In an opinion noting that the facts in the complaint were enough to “shock the conscience,” Judge Engelmayer upheld claims under city, state, and federal law, seeking both monetary damages and an injunction to protect residents’ civil rights. The decision finds that the lawsuit adequately alleged that state-employed facility staff “cruelly abused persons with disabilities for no valid reason, but instead out of malice, spire, impatience, or sport,” concluding that such “physical abuse of helpless persons cannot be said to serve a legitimate governmental interest in a civilized society.” The opinion also finds the allegations sufficient to claim that supervisors and administrators within New York State’s Office for People With Developmental Disabilities were reckless in failing to stop the abuse, referring to an OPWDD Regional Director as “taking woefully insufficient action” and responding “minimally if at all” to abuse and neglect reports.
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.
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.
The Washington Post published an opinion piece by ECBA partners Jonathan Abady and Ilann Maazel about the Jill-Stein-sponsored and ECBA-led recount effort in Wisconsin, Michigan, and Pennsylvania. They urge Americans not to “ignore the lessons of the past weeks and preserve the status quo that is our broken voting system.”
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.
Emery Celli Brinckerhoff & Abady, along with Morrison & Foerster, have been named as the Bronx Defenders’ Pro Bono Partners of the Year for their work to end court delays in the Bronx Criminal Court. You can read more about the class action lawsuit, Trowbridge v. Cuomo, here.
On September 22, 2016, ECBA, along with Ressler and Tesh PLLC, filed a federal lawsuit in Long Island on behalf of a young, special needs child who was improperly placed by the agency SCO Family of Services in the home of an abusive pedophile—Cesar Gonzales-Mugaburu. This child, who is originally from Washington State, was transferred through SCO Family of Services nearly 3,000 miles away to Mugaburu in Long Island. Once there, he suffered a fate similar to the many vulnerable boys forced to live with this madman. He was physically and mentally abused, subjected to long periods of starvation, and sexually assaulted. As alleged in the lawsuit, SCO Family of Services ignored repeated complaints about Mugaburu, including those from J.A. himself, warnings from Suffolk County’s foster agency, and numerous red flags about Mugaburu and his home.