ECBA won a landmark ruling allowing a case for rape to proceed under New York City’s Victims of Gender Motivated Violence Protection Act. Justice Robert R. Reed denied the defendant’s motion to dismiss the case, holding that the complaint properly alleged all the elements of the claim.
The New York City Council passed the Act in 2000 to create a private right of action for victims of “gender motivated crimes of violence” like sexual assault and rape to sue their abusers in civil court. The Act also extends the statute of limitations to bring such cases to 7 years. Justice Reed’s ruling gives real meaning to the City’s Act and makes it a powerful and much needed tool for victims of sexual misconduct to seek justice in the courts.
The case is Breest v. Haggis, No. 161137/2017 (N.Y. Sup. Ct.).
Sixteen years after ECBA filed its first class action alleging a pattern and practice of brutality and poor training, discipline, and investigations of corrections officers at Rikers Island, Mayor De Blasio and the City Council have agreed to shut down Rikers Island once and for all. In 2001, ECBA filed the original lawsuit, Ingles v. Toro, with co-counsel Legal Aid Society and Sullivan & Cromwell. The case settled in 2003, but the settlement failed to reduce use of force by corrections officers on Rikers Island. As a result, in 2011, ECBA filed a new class action, Nunez v. City of New York, with co-counsel Legal Aid Society and Ropes & Gray, again alleging a pattern and practice of brutality and cover-ups by corrections officers at Rikers Island. Nunez, and a parallel Department of Justice lawsuit, settled in 2015, resulting in thousands of new cameras, a federal monitor, and other sweeping reforms at Rikers. The case also brought to light the fundamental inhumanity and unfairness of the entire institution.
ECBA continues to play a role in seeking justice for Bakari Henderson, the young African American college graduate beaten to death in Greece. To watch a recent CBS interview with ECBA attorneys Jonathan S. Abady and Earl S. Ward, click here.
ECBA urged the U.S. State Department to “deploy all necessary resources and undertake every effort” to seek justice for Bakari Henderson, a 22-year-old African-American U.S. citizen brutally beaten to death in Greece in July.
On the night of July 7, 2017, a group of men chased Bakari from a bar in Zakynthos, Greece, and savagely beat him in the street. Their motives are not yet known. Bakari died of the severe head injuries he sustained. Nine men have been arrested.
Bakari was a recent graduate of the Eller College of Management at the University of Arizona. At the time of his death, he was in Greece working on a new clothing line he was developing. He had interned for the Texas House of Representatives and State Senate, which honored him after his death. Bakari’s family and friends remember him as a leader with a voice of reason who was fun-loving, peaceful, and calm. The Henderson family has created the Travel with Bakari initiative to honor his legacy as a compassionate, friendly, inquisitive, intelligent young man.
ECBA represents Bakari’s parents, Phil and Jill Henderson. On behalf of the Henderson family, ECBA urged the State Department to “take all available measures to help ensure the impartiality and thoroughness” of the Greek authorities’ investigation into Bakari’s death. The letter seeks accountability for “all those who bear responsibility for Bakari’s death” and demands that the investigation “fully explore the attackers’ motives, including any potential bias or hatred.”
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.
The announcement today by the City of Cleveland that the officers involved in the shooting death of twelve-year-old Tamir Rice have been disciplined has only added insult to the pain and grief of the Rice family. Although pleased with the termination of Officer Timothy Loehmann, the decision says nothing about his unlawful actions in shooting young Tamir without cause or justification. Loehmann was terminated not for causing Tamir’s death but rather for lying on his employment application.
The Rice family is disheartened by the decision to suspend Officer Frank Garmback for a mere 10 days where it has been determined that he failed to employ proper tactics when he drove directly up to Tamir thus contributing to the chain of events that resulted in Tamir’s shooting.
Samaria Rice, Tamir’s mother, described the discipline as “deeply disappointing. I am relieved Loehmann has been fired because he should never have been a police officer in the first place—but he should have been fired for shooting my son in less than one second, not just for lying on his application. And Garmback should be fired too, for his role in pulling up too close to Tamir. As we continue to grieve for Tamir, I hope this is a call for all of us to build stronger communities together.”
Tamir’s family is represented by ECBA attorneys Jonathan Abady, Earl Ward, and Zoe Salzman, together with William Mills of FirmEquity and Subodh Chandra of The Chandra Law Firm LLC.
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.
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.”