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Trump University Settlement in Jeopardy

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.

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NY State Pays $3 Million to Family of Disabled Boy Abused at Group Home

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 MaazelAndrew 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.”

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Washington Post Publishes Op-Ed by Jonathan Abady and Ilann Maazel on Recount Effort

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.”

Read the piece here.

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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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Bronx Defenders honors ECBA and Morrison & Foerster as Pro Bono Partners of the Year

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.

 

 

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Foster Child Sues Agency Responsible for Placing Him in Home of Serial Abuser

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.

Read more about the case and Mugaburu in press coverage by the New York Times and Daily News.

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Class Action Leads to End of Tampon Tax in New York State

Five months after five women filed a groundbreaking class action suit to end the Tampon Tax in New York, Governor Cuomo has signed legislation ending the illegal tax.

“We are thrilled New York State is finally repealing this discriminatory tax on all ‘menstruators’ and hope the nation will swiftly follow suit. It’s about time we all recognize the necessity of menstruation products and the obsolescence of their taxation,” said Plaintiff Margo Seibert, an actress in New York.

“Albany has finally seen the light! There’s more work to be done to ease access to these vital products, particularly for low income women, but repealing the tax was a great first step,” said Plaintiff Jennifer Moore, a children’s program coordinator.

“One state down, thirty-nine to go,” said Ilann M. Maazel, lead counsel for the plaintiffs. “This is a tremendous victory for women and for all New Yorkers. It will save women tens of millions of dollars. This lawsuit jumpstarted Albany into action. It’s the beginning of the end of the Tampon Tax in this country.”

“New York has finally stopped taxing women for being women. Now the governor should make sure that New York women who paid this sexist tax for years—especially those women who could least afford it—are compensated and reimbursed,” said Zoe Salzman, another lawyer for the women.

“From the time I entered law school 25 years ago, I’ve known that the tampon tax violated state and federal law. It’s a remnant of a time when all-male legislatures made decisions that devalued women’s interests. That New York State has finally ended this injustice is great cause for celebration,” said Laura Strausfeld, a lawyer who developed a critical theory of the lawsuit on behalf of the plaintiffs.

The five women who brought the case are an actor/co-founder of Racket., a mathematician/data scientist, a programs coordinator for children’s programs, a photographer, and a professor.

The plaintiffs congratulate Assemblywoman Linda Rosenthal for her leadership on this issue.

Follow the latest developments HERE. Read an interview with Zoe Salzman on the case and legislation here.

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Groundbreaking Court Delay Case in the Press

On May 10, 2016, along with the Bronx Defenders and Morrison & Foerster LLP, ECBA filed a federal class action to end the massive delays in misdemeanor cases in the Bronx Criminal Court. The groundbreaking suit alleges that the systematic delays violate the constitutional speedy trial and due process rights of thousands of people facing misdemeanor charges in the Bronx.

The case has garnered local, national and international press coverage. Read about the case in the New York Times, CNN.com, New York Daily News and Reuters. The New York Times Editorial Board published an op-ed calling for the transformation of “the dysfunctional culture that has long plagued the justice system, and the citizens, of the Bronx.”

Listen to an interview with Ilann Maazel on NPR’s The Brian Lehrer Show.  ECBA attorneys Matthew Brinckerhoff and Doug Lieb are also working on the case.

 

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Ten ECBA Attorneys Named as Super Lawyers; Two Named as Rising Stars

ECBA is proud to announce that partners Richard EmeryAndrew CelliMatthew Brinckerhoff, Jonathan AbadyIlann MaazelEarl WardHal Lieberman, Dan Kornstein, Andrew Wilson, and Elizabeth Saylor were named as Super Lawyers for 2016. Partner Debra Greenberger and associate Hayley Horowitz were named as Rising Stars. The Super Lawyers list is issued by Thompson Reuters. A description of the selection methodology can be found here.

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