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Joining Free Speech for the People, ECBA Urges NY to Shut Down Trump Organization

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.

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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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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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City Settles Case for $750,000 After Rikers Guards Ruptured Inmate’s Spleen

The City of New York has agreed to pay $750,000 to settle an excessive force lawsuit brought by ECBA and the Legal Aid Society’s Prisoners’ Rights Project for the assault and beating of Michael Cruz. In June 2014, multiple officers beat Mr. Cruz so badly that they broke his rib, which eventually pierced his spleen and led to massive internal bleeding. The assault and resulting injuries were life-threatening. Mr. Cruz, who was only 20 years old at the time, was forced to undergo emergency surgery to remove his spleen.

ECBA attorneys Jonathan Abady, Ali Frick, and Sam Shapiro represented Mr. Cruz together with Jonathan S. Chasan and Mary Lynne Werlwas of the Legal Aid Society.

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Judge Approves $60 Million Settlement in Debt Collection Suit

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.”

The class is represented by ECBA attorneys, Matthew Brinckerhoff, Debbie GreenbergerElizabeth Saylor, and Jonathan Abady,  along with co-counsel MFY Legal Services and the New Economy Project.   Read more about the settlement in coverage by the New York Times, the Nation, the NY Law Journal, the NY Post, the Democrat & Chronicle, the Daily News and NY 1.

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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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Tamir Rice Settlement in the News

On April 25, 2016, the City of Cleveland agreed to a $6 million payment to settle the federal civil rights lawsuit that arose from the tragic death of Tamir Rice. This settlement has received extensive coverage in the national and local press.

Read coverage of the settlement in the New York Times, the New York Daily News, and the Amsterdam News. Read a full profile of the case in GQ.

Listen to an interview with Jonathan Abady on NPR’s The Brian Lehrer Show.

Watch an interview with Zoe Salzman on Democracy Now!.

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City of Cleveland Settles Tamir Rice Lawsuit for $6 Million

The City of Cleveland has agreed to payment of $6 million to settle the federal civil rights lawsuit involving the tragic death of Tamir Rice. Although historic in financial terms, no amount of money can adequately compensate for the loss of a life. Tamir was 12 years old when he was shot and killed by police — a young boy with his entire life ahead of him, full of potential and promise.

In a situation such as this, there is no such thing as closure or justice. Nothing will bring Tamir back. His unnecessary and premature death leaves a gaping hole for those who  knew and loved him that can never be filled.

Regrettably, Tamir’s death is not an isolated event. The problem of police violence, especially in communities of  color, is a crisis plaguing our nation. It is the sincere  hope of  the Rice family that Tamir’s death will stimulate a movement for genuine change in our society and our nation’s policing so that no family ever has to suffer a tragedy such as this again.

Tamir’s family was represented by ECBA attorneys Jonathan Abady, Earl Ward, and Zoe Salzman, and local counsel Subodh Chandra. The New York Times and the New York Daily News, among many other outlets, covered the settlement.

 

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Abady on MSNBC: Non-Indictment in Tamir Rice Shooting Is a “Whitewash’

ECBA partner Jonathan Abady, one of the lawyers for the family of Tamir Rice, appeared on MSNBC’s All In with Chris Hayes to discuss the non-indictment of the police officers who shot and killed Tamir, a 12-year-old boy, in Cleveland in 2014. The grand jury’s decision not to indict the officers — made at the recommendation of Cuyahoga County prosecutor Timothy McGinty — is “very distressing” and “disheartening,” Mr. Abady said.

“I think in conventional parlance, it’s usually referred to as a whitewash,” he added.

Watch the discussion below:

Rather than investigating and prosecuting this shooting, Mr. Abady explained, prosecutor McGinty “was canvassing and scouring the nation for someone, anyone, who would say that this shooting of this 12-year-old child was justified. And it took him almost a year.” McGinty hired multiple so-called experts with “clear pro-law-enforcement biases” to opine to the grand jury that the shooting was justified — an “almost unprecedented” move at this stage of the proceedings,” Mr. Abady said.

“It’s a tremendous disservice to the men and women in uniform who are actually doing their jobs competently, conscientiously, and professionally for this kind of thing to happen,” Mr. Abady added.

Mr. Abady also appeared on CNN to discuss the case.

To read more about ECBA’s work on the Rice case, click here. The Rice family is represented by ECBA attorneys Jonathan Abady, Earl Ward, and Zoe Salzman.

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