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News
ECBA Files Civil Rights Lawsuit Against
Brooklyn Realtor for Repeatedly Refusing to Serve African Americans
June 27, 2008 - As reported as the lead story in New York Metro, and
in other local media, ECBA yesterday filed a civil rights lawsuit alleging
that a Brooklyn realtor, Bais Seller Realty & Construction, Inc.,
discriminates against African Americans attempting to rent apartments
in Brooklyn in clear violation of the Federal Fair Housing Act, as well
as New York State and New York City discrimination laws. In 2007, the
Fair Housing Justice Center (FHJC) conducted a testing investigation in
response to a complaint made by the named plaintiff in the lawsuit. The
suit was filed in federal court in the Eastern District of New York. ECBA
lawyers involved in the case are Mariann Meier Wang and O. Andrew F. Wilson.
Click here for copies of the press
release and complaint.
NYCLU & ECBA Win Access to
"Stop & Frisk" Data
A New York County Supreme Court justice has ordered the New York City Police
Department to release more than a year's worth of data reflecting "stop,
question and frisk" encouters between NYPD officers and civilians.
The data was sought in an action brought by the New York Civil Liberties
Union; ECBA represented more than twenty nationally recognized scholars
-- social scientists, criminologists, and statisticians from around the
country -- who urged the court to order to the release of data for purposes
of scholarly research. The Court held that, under the Freedom of Information
LAW, the data constitutes public information and that, so long as officers'
names are redacted from the file, the data should be made available for
review. ECBA lawyers Andrew G. Celli, Jr. and Elora Mukherjee authored the
brief for the scholars.
ECBA Files Class Action Civil Rights Lawsuit Against
Brooklyn Real Estate Firm on Behalf of Families With Children
April 25, 2008 - As reported in the New York Times and other major newspapers,
ECBA yesterday filed a class action civil rights lawsuit alleging that a
large New York real estate firm, Brown Harris Stevens Brooklyn LLC, discriminates
against families with children attempting to rent apartments in Brooklyn
in clear violation of the Federal Fair Housing Act, as well as New York
State and New York City discrimination laws. In 2007, the Fair Housing Justice
Center (FHJC) conducted a testing investigation in response to a complaint
made by the named plaintiffs in the lawsuit. The suit was filed in federal
court in the Eastern District of New York. ECBA lawyers involved in the
case are Mariann Meier Wang and Elizabeth Saylor. Click here for copies
of the press release
and complaint.
ECBA Represents Brian McNamee, Roger
Clemens's Former Trainer
April 9, 2008 - Judge Ellison, in the Southern District of Texas, heard
oral argument today on Mr. McNamee's motion to disqualify Mr. Clemens's
counsel, Rusty Hardin and his law firm. Richard Emery argued the motion
on behalf of Mr. McNamee, and he was accompanied by Debbie Greenberger
and David Miller, of Houston Texas. The Court took the matter under advisement.
For press coverage of the argument, click here.
ECBA represents Brian McNamee, Roger Clemens's former trainer, whose
statements about the use of performance enhancing substances by noted
baseball players were published in a report by Senator Mitchell. Mr. McNamee
was represented by ECBA during a February 13, 2008 Congressional hearing
about the use of performance enhancing substances in baseball. ECBA is
also defending Mr. McNamee in a defamation action brought by Mr. Clemens,
who has denied Mr. McNamee's allegations. That action, Roger Clemens v.
Brian McNamee, is pending in federal court in the Southern District of
Texas. ECBA has filed motions to dismiss and a motion to disqualify Mr.
Clemens's counsel. Richard Emery represents Mr. McNamee along with Earl
S. Ward and Debbie Greenberger and David Miller, of Houston, Texas; Mark
Paoletta of Dickstein Shapiro LLP also represented Mr. McNamee before
Congress. Please see the following articles for more information:
McNamee's
Legal Team Adds Power to Line-Up
For
Clemens, No Joy Found in Testimony
Motion
Would Take Aim At Clemens's Top Lawyer
ACLU Of Oregon, ECBA Urge Appeals Court To Reject
Patriot Act Search And Surveillance Provisions
March 17, 2008 - Today, an amicus brief was filed in the Ninth Circuit Court
of Appeals challenging provisions of the Patriot Act. Organizations joining
today's brief are: ACLU of Oregon, Center for Constitutional Rights, Electronic
Frontier Foundation and Center for Democracy and Technology. The brief was
authored by Ilann Maazel and Elora Mukherjee of Emery Celli Brinckerhoff
& Abady LLP and Marc D. Blackman and Kendra M. Matthews of Ransom Blackman
LLP in Oregon. For more information, click HERE.
Federal Court Upholds Discrimination
Lawsuit Brought by Member of NYPD Antiterrorism Unit
February 8, 2008 - As reported in the New York Law Journal, a federal judge
has upheld a civil rights lawsuit brought by a decorated Arab-American and
Muslim member of the elite NYPD Antiterrorism Cyber Unit to redress years
of racial and religious harassment by the NYPD. Plaintiff John Doe was required
by his supervisors to read daily anti-Arab, anti-Muslim email briefings
by his colleague, former CIA Station Chief Bruce Tefft. In a ruling this
week, the court rejected Mr. Tefft’s claim that workplace harassment
is "free speech" protected by the First Amendment. ECBA attorneys
Ilann Maazel and Katherine Rosenfeld represent the plaintiff.
Maazel Column in New York Law Journal:
"Loss of Life Damages"
January 9, 2008 - The New York Law Journal has published the latest Civil
Rights Litigation column by Ilann Maazel, concerning "Loss of Life
Damages." The article can be accessed at www.nylj.com.
Abady Named in 2008 Edition of the
Best Lawyers in America
December 2007 -- ECBA partner Jonathan S. Abady was named in the 2008 edition
of Best Lawyers in America as one of New York's top attorneys in
the area of civil rights law. Lawyers are chosen for inclusion in this listing
based solely on a vote of their peers. Listings cannot be purchased. The
2008 selections were published in the December 24 -31 edition of New
York Magazine. For more information, click www.bestlawyers.com.
ECBA Represents Scholars In Bid for
NYPD "Stop & Frisk" Data
January 7, 2008 -- ECBA has filed an amicus curiae brief on behalf of
more than twenty distinguished scholars who seek access to data reflecting
850,000 "stop, question and frisk" encounters conducted by the
New York City Police Department since January 2006. The brief was filed
in New York Civil Liberties Union v. The New York City Police Department,
a proceeding under New York's Freedom of Information Law seeking the release
of the data. In the amicus brief, the scholars representing the national
research community -- criminologists, sociologists, law professors and
statisticians from across the country -- argue that access to the data
is essential to the expansion of knowledge and the development of new,
more effective and more fair police practices; the scholars also assert
that New York City's refusal to release this data is outside the norm
for large police departments nationwide. ECBA lawyers Andrew G. Celli,
Jr. and Elora Mukherjee authored the brief. For more information, see
NY
Times article.
ECBA Wins Important Second Circuit Appeal in 9/11-Related
Civil Rights Suit
October 2007 -- In a significant civil rights victory, the Second Circuit
Court of Appeals reversed a lower court ruling and reinstated Abdallah
Higazy’s Fifth Amendment claim based on his allegations that FBI
Agent Michael Templeton coerced his confession and later used it against
him in a criminal proceeding.
Higazy's case was featured on 60 Minutes and otherwise widely covered
in the national and international press. The son of an Egyptian diplomat,
Mr. Higazy came to the United States to study computer engineering in
the fall of 2000. On September 10th, his sponsor, the United States Agency
for International Development (USAID), provided him lodging at the Milenium
Hotel, across the street from the World Trade Center. When the planes
hit the twin towers on the following day, September 11th, Mr. Higazy escaped
with other hotel guests, levaing his belongings behind. When he returned
several months later to retrieve his property, the FBI arrested him, claiming
to have found a ground-to-air transceiver radio, capable of guiding the
planes into the towers, in his hotel room. Mr. Higazy was entirely innocent
and vehemently denied the allegations. But after five hours of intimidating
questioning -- in which Mr. Higazy and his family were threatened -- Agent
Templeton extracted a false confession from Higazy. The confession –
at the time tantamount to an admission of involvement in the 9/11 attacks
– was then used as the basis for imprisoning Mr. Higazy. After more
than a month in solitary confinement fearing a trial on his role in the
9/11 attacks, all charges were dropped against Mr. Higazy when the true
owner of the radio, a pilot from Ohio, surfaced at the Millenium Hotel
asking for the transciever back.
The Second Circuit's ruling in Higazy is an important decision for constitutional
advocates because it establishes, after Chavez v. Martinez, 538
U.S. 760, 770 (2003), that the use of a confession at a criminal bail
hearing violates the Fifth Amendment. His case will now proceed to trial.
Jonathan S. Abady argued Mr. Higazy's case before the Second Circuit
and represents him with O. Andrew F. Wilson and Earl S. Ward.
ECBA Secures Victory For Alternative Political
Parties
October 23, 2007 -- As reported in Newsday and the Newark Star-Ledger, ECBA,
along with co-counsel New Jersey Appleseed Public Interest Law Center, has
secured a landmark victory for alternative political parties in New Jersey.
New Jersey, which has the single most restrictive definition of "political
party" of any state in the country, has not recognized a third political
party in over 100 years. Ruling last week in a lawsuit filed by ECBA in
2006, New Jersey Superior Court Judge Neil H. Shuster ordered New Jersey
to recognize the Green, Libertarian, and Conservative Parties as full-fledged
political parties for a variety of purposes. Most importantly, the alternative
parties will no longer be subjected to more stringent campaign contribution
and expenditure limits than the Democrats and Republicans -- a practice
that has long stifled the alternative parties' ability to grow and to compete
meaningfully on the political stage. The Court also struck down as unconstitutional
New Jersey's discriminatory treatment of the alternative parties with respect
to lobbying restrictions, voter registration, and the circulation of nomination
petitions. ECBA partner Eric Hecker represented the parties in the lawsuit.
ECBA Files Suit on Behalf of Duke Lacrosse
Player
October 5, 2007 - As reported throughout the country, ECBA, along with co-counsel
Barry Scheck and Williams & Connolly, filed a civil rights suit on behalf
of Reade Seligmann, one of the three innocent Duke students falsely accused
of rape by former District Attorney Michael Nifong. The Complaint, brought
against Nifong, the City of Durham, and various persons involved in the
investigation, alleges "one of the most chilling episodes of premeditated
police, prosecutorial and scientific misconduct in modern American history."
The suit seeks various reforms within the Durham Police Department, so that
incidents like this cannot occur in the future, as well as unspecified damages.
ECBA lawyers involved in the case are Richard Emery and Ilann Maazel. For
more information, please see NY
Times article and Complaint.
City to Pay Damages for Strip
Searches
October 5, 2007 – As reported in the New York Times and other major
papers, New York City’s Department of Correction admitted yesterday
that since 2002 approximately 150,0000 pretrial detainees arraigned on misdemeanors
and lesser offenses were illegally strip searched at admission, even though
there was no reason to believe they were concealing drugs or contraband.
These strip searches required groups of detainees to fully undress in front
of each other and in front of multiple guards, lift their genitals or breasts,
spread their buttocks, cough while squatting, and allow guards to inspect
their private body cavities. The City admitted that these illegal strip
searches continued to this day, despite sworn statements to the court in
December 2002 that these strip searches had stopped and despite a 2001 Second
Circuit decision, Shain v. Ellison, 273 F.3d 56, 65 (2d Cir. 2001),
that held that it has been “clearly established” since at least
1995 that these strip searches were prohibited by the Fourth Amendment.
As part of the settlement, the City agreed to immediately cease strip searching
pretrial detainees charged with non-felony offenses and to pay damages to
those illegally strip searched between July 23, 2002 and October 4, 2007.
(The amount of damages will be decided at a later date.) The City also agreed
to train all officers to ensure that these strip search practices will not
continue, to revise its policies regarding strip search procedures, and
to post signs at DOC facilities notifying detainees of their right not be
strip searched at admission, without reasonable suspicion. An independent
monitor, appointed by the presiding judge, the Honorable Gerald E. Lynch
of the Southern District of New York, will monitor the City’s compliance.
The case was litigated by Richard D. Emery, Mariann Meier Wang, Mathew D.
Brinckerhoff, Elizabeth S. Saylor, Elora Mukherjee, and Debra Greenberger.
This article can be accessed at www.nytimes.com.
Additionally, for further information, click HERE.
Maazel Column in New York Law
Journal: "Civil Rights Actions Against Private Actors"
October 1, 2007 - The New York Law Journal has published the latest Civil
Rights Litigation column by Ilann Maazel, concerning "'Civil Rights
Actions Against Private Actors'" The article can be accessed at www.nylj.com.
Cleaners File Suit Over Pay For
Jobs Near Ground Zero
September 13, 2007 - As reported in the New York Times, ECBA (in conjunction
with The Legal Aid Society and Outten & Golden) filed a suit in State
Supreme Court in Manhattan on behalf of nine 9/11 recovery workers. The
workers spent months cleaning at ground zero as a result of the September
11 attacks without receiving proper compensation. Citing unpaid overtime
as well as other wage and labor law violations, plaintiffs sued approximately
a dozen companies, in a case plaintiffs' lawyers seek to have certified
as a class action. The initial impetus for the lawsuit arose from research
done by the National Mobilization Against Sweatshops, an immigrants' advocacy
group. For more information, please access www.nytimes.com.
Richard D. Emery and Andrew G. Celli
Named 2007 "Super Lawyers"
September 2007 - The New York Super Lawyers Magazine has named
ECBA's Richard D. Emery and Andrew G. Celli "Super Lawyers"
in the area of Civil Rights and First Amendment Law. For more information,
please access www.superlawyers.com.
Class Status Certified For Both Sides In Suit Over
Homeless Arrests
July 27, 2007 - As reported in the New York Law Journal and major newspapers,
Southern District Judge Shira A. Scheindlin certified a class action law
suit against the New York City Police Department for damages for its persistent
practice of violating the First Amendment rights of people peacefully
asking passersby for money on the sidewalk. Judge Scheindlin also certified
a defendant class of law enforcement agencies and prosecutors throughout
the state. The Court chastised the NYPD for blatantly ignoring the 1993
Second Circuit ruling in Loper v. New York City Police Dep't,
999 F.2d 699. The plaintiffs and plaintiff class are represented by ECBA's
Matthew Brinckerhoff and Katie Rosenfeld, along with co-counsel from the
Bronx Defenders. For more information, this article can be accessed at
www.nylj.com.
Maazel Column in the New York Law Journal:
"'Should I Take the ACD?'"
July 23, 2007 - The New York Law Journal has published the latest Civil
Rights Litigation column by Ilann Maazel, concerning "'Should I Take
the ACD?'" The article can be accessed at www.nylj.com.
Collective Action Filed
Against Bristol-Myers Squibb For Overtime Violations
June 28, 2007 - As reported in The Chicago Tribune and throughout the country,
ECBA, along with co-counsel in New York, Washington, D.C., and California,
have filed a collective action against pharmaceutical giant Bristol-Myers
Squibb in New York federal court. The case arises out of Bristol-Myers'
failure, for years, to pay overtime to hundreds of pharmaceutical representatives
who work more than eight hours per day and more than forty hours per week.
The case was filed by attorneys Jonathan S. Abady, Ilann M. Maazel, and
Elizabeth Saylor. Current or former pharmaceutical Bristol-Myers representatives
can learn more about the case by calling (212) 763-5000.
First Department Denies Lizzy Grubman’s
Appeal Regarding Expert Testimony
May 15, 2007 - As reported in the New York Post, a five-judge panel of
the First Department has upheld the motion court’s decision to allow
expert testimony that Elizabeth Grubman made intentional steering corrections,
when she infamously drove her father’s Mercedes SUV into a crowd
of people outside a Southampton nightclub. The court also permitted the
jury to decide whether Grubman should pay punitive damages in the case.
Ms. Grubman previously pled guilty to criminally negligent assault and
leaving the scene of the crash. Jonathan S. Abady and O. Andrew F. Wilson,
together with Lee F. Bantle of Bantle & Levy LLP, represent Sarah
Thorne in her suit against Ms. Grubman.
Richard Emery Sub-Committee
of New York City Bar Association Election Law Committee Submits Redistricting
Constitutional Amendment Adopted by the Spitzer Administration
April 26, 2007 - Richard Emery cited by Spitzer administration for proposed
legislation that implements election law reforms. Governor Eliot Spitzer
and Lieutenant Governor David A. Patterson announced these reforms to
overhaul New York State’s current election laws. The proposal incorporates
two constitutional amendments as well as targeted legislation to inspire
voter participation and secure the integrity of the electoral process.
Click HERE
for proposal
Click HERE
for Spitzer press release.
Maazel Column in the New York Law Journal: "Discoverability
of Personnel Records in Section 1983 Cases"
April 30, 2007 - The New York Law Journal has published the latest Civil
Rights Litigation column by Ilann Maazel, concerning the "Discoverability
of Personnel Records in Section 1983 Cases." The article can be accessed
at www.nylj.com.
Judge Approves Sweeping Settlement for Disabled
Preschool Children
April 24, 2007 - As reported on NPR and in the New York Daily News,
a federal judge has approved a class action settlement in D.D. v. New
York City Department of Education, et. al., a case brought on behalf of
hundreds of disabled preschool children on waiting lists throughout New
York City. The settlement contemplates substantial changes in legislation,
regulation, and policy intended to eliminate the waiting list and to provide
all children the timely services they need and to which they are entitled
under federal law. Ilann Maazel and Matthew Brinckerhoff were lead counsel
for the plaintiff class. For more, click HERE.
Speaker Quinn Appoints
Celli to Harassment & Discrimination Task Force
March 13, 2007 - New York City Council Speaker Christine C. Quinn has
appointed ECBA partner Andrew G. Celli, Jr. to the City Council's new
Harassment & Discrimination Task Force. Working with the City Council's
Office of the General Counsel, the Task Force's mission will be to review
and recommend improvements to the Council's current sex harassment and
anti-discrimination policies, procedures, and training regimens for Council
members and employees. The Task Force is made up of experts from outside
the Council, including practicing lawyers, academics, and advocates.
ECBA To File Contempt Proceeding in Panhandling Class Action Suit Against City of New York
March 2, 2007 - As reported in The New York Times today, U.S. District
Judge Shira A. Scheindlin said that she will consider holding the City
of New York in contempt of court after ECBA attorneys Katherine Rosenfeld
and Matthew D. Brinckerhoff, along with co-counsel, alerted her that New
York City police officers continue to enforce a void law, deemed unconstitutional
in 1992 on First Amendment grounds, that allows the arrest of anyone who,
"loiters, remains or wanders about in a public place for the purpose of
begging."
Maazel Column in
the New York Law Journal: "Civil Rights Actions Arising From Wrongful
Convictions"
February 21, 2007 - The New York Law Journal has published the latest
Civil Rights Litigation column by Ilann Maazel, concerning "Civil
Rights Actions Arising From Wrongful Convictions." The article can
be accessed at www.nylj.com.
Celli Elected Vice Chair of Lobby
Commission
January 2007 - ECBA partner Andrew G. Celli, Jr., a commissioner of the
New York State Temporary Commission on Lobbying, was elected to the post
of Vice Chair at the Commission's January 2007 meeting. In January 2004,
Mr. Celli was appointed one of six commissioners by then New York State
Senate Minority Leader David A. Paterson.
ECBA Files Civil Rights Suit For the
Police Shooting of Emil Mann
January 11, 2007 - As widely reported in the New Jersey media, ECBA,
along with Cochran Neufeld and Scheck, today filed a civil rights lawsuit
arising out of the death of Emil Mann, a father of three and a member
of the Ramapough Lenape Indian Nation. An officer of the New Jersey State
Park Police shot and killed Mr. Mann, who was unarmed and defenseless.
Officers then prevented friends and family of Mr. Mann from seeking prompt
medical assistance that could have saved his life. The suit was filed
in the Superior Court of New Jersey, Bergen County.
To learn more, click HERE.
Ilann Maazel Named the Civil Rights
Litigation Columnist for the New York Law Journal
January 10, 2007 - Partner Ilann Maazel has been selected to write a
regular column for the New York Law Journal on civil rights issues. The
first column, concerning Substantive Due Process claims of relatives in
wrongful death cases, was published today.
ECBA Associate Elizabeth S. Saylor
was Named one of the 21 Leaders of the 21st Century by Women's eNews
January 8, 2007 - ECBA associate Elizabeth S. Saylor was named one of
the 21 Leaders of the 21st Century by Women's eNews for her work on behalf
of battered immigrant women who were denied food stamps and other benefits.
In August 2006, in response to the lawsuit brought by Ms. Saylor (while
she worked at The Legal Aid society), the Southern District of New York
granted class certification and ordered the city to stop illegally denying
public benefits to eligible immigrants and to overhaul the error-plagued
computer programs and training manuals that lead welfare workers to illegally
deny them these subsistence benefits. M.K.B. v. Eggleston, 445 F.Supp.2d
400 (S.D.N.Y. 2006). The article can be accessed from www.womensenews.org/article.cfm/dyn/aid/3006.
Arab-American Member of Elite NYPD Antiterrorism Unit Files
Federal Suit for Religious and Racial Discrimination
December 5, 2006 - As reported in The New York Times and in newspapers
throughout the world, ECBA today filed a discrimination suit against the
City of New York in Manhattan federal court on behalf of John Doe, a decorated
Arab-American and Muslim member of the elite NYPD Antiterrorism Cyber
Unit. As part of his job, plaintiff was subjected to hundreds of anti-Muslim
and anti-Arab email messages questioning his fitness and ability, as a
Muslim, to serve his city and his country. The emails were sent to hundreds
of personnel at all levels of the NYPD Intelligence Division, for over
three years. John Doe is represented by Ilann M. Maazel and Katherine
Rosenfeld.
To read more, click HERE
ECBA Represents Alternative Political Parties
October 30, 2006 - ECBA commenced litigation today against the State of New Jersey on behalf of the Green Party, the Libertarian Party, and the Conservative Party, alleging that the State's campaign finance regulatory scheme, which subjects alternative political parties to more onerous restrictions that the Democrats and Republicans, violates the First and Fourteenth Amendments. The plaintiffs are being represented by Richard Emery, Matthew Brinckerhoff, and Eric Hecker.
Brooklyn Property Owners and Tenants File Federal Eminent Domain
Lawsuit against Ratner, Pataki, Gargano, Bloomberg & Doctoroff
October 26, 2006 - ECBA has been retained as lead counsel in a challenge
to the unconstitutional use of eminent domain for Forest City Ratner’s
Atlantic Yards Development Proposal. ECBA lawyers Matthew D. Brinckerhoff,
Andrew G. Celli, Jr., and Eric Hecker, along with co-counsel from other
law firms and a group of volunteer lawyers from Develop Don't Destroy
Brooklyn filed an action today in federal court seeking to halt the abuse
of eminent domain by New York State, New York City and an influential
developer, who will soon seize their clients properties so they may be
given to Bruce Ratner to maximize his enrichment in violation of the Takings
Clause of the Fifth Amendment.
To read more, click HERE
ECBA Wins Historic
Victory in Special Education Case
October 12, 2006 - In D.D. v. New York City Board of Education,
the Second Circuit Court of Appeals ruled that New York City must provide
special education services to all, not substantially all, disabled preschool
children in New York City. In a case of first impression in the
Second Circuit, the Court vacated the district judge opinion, and required
that court to reconsider plaintiffs' request for a preliminary injunction.
Representing a class of hundreds of disabled preschool children currently
on Department of Education waiting lists, Ilann M. Maazel argued
the case on appeal. Matthew Brinckerhoff and Eric Hecker were on
the brief.
ECBA Challenges Highway Billboard Regulations
October 10, 2006 - Led by a team including Richard Emery, Andrew G. Celli,
Jr., Eric Hecker, and Ilann Maazel, ECBA filed a lawsuit today against
various New York City officials challenging the City’s regulation
of highway advertising billboards. The suit, brought on behalf of a coalition
of outdoor advertising companies, alleges that the City’s favoritism
of government billboards over privately controlled billboards violates
the First Amendment’s commercial speech doctrine.
South Dakota Attorney General is Ordered to
Rewrite Ballot Question Explanatory Statement
August 25, 2006 - As reported in the South Dakota Argus Leader,
a state court judge ordered the South Dakota Attorney General to rewrite
the official ballot explanation of a medical marijuana initiative. The
state court judge concluded that the Attorney General had improperly inserted
his opinion and argument into the official ballot explanation and directed
the Attorney General to “confine his politicking to the stump and
leave his bias out of the ballot statement that is supposed to be objective.”
As a result of ECBA’s successful litigation, South Dakota’s
voters will be presented with an objective, clear and simple summary of
the proposed legislation when they vote in the 2006 General Election.
Maazel and Wilson in the New York Law Journal
August 1, 2006 - Ilann M. Maazel and O. Andrew F. Wilson published
an Outside Counsel column in the New
York Law Journal, entitled "Protecting the Rights of Domestic
Violence Victims in the Workplace." The article discusses recent
amendments to the New York City Administrative Code protecting domestic
violence victims at work, and its ramifications for employees and employers.
The article can be accessed from www.nylj.com
ECBA Files Suit on Behalf of Sopranos Actor
July 5, 2006 - ECBA filed a lawsuit today against the Atlantic City
Hilton on behalf of actor Tony Sirico, who is best known for portraying
"Paulie Walnuts" on the HBO's The Sopranos. The suit, which
is being handled by Richard Emery and Eric Hecker, alleges that the
hotel violated the federal Lanham Act and state law by using Sirico's
likeness on a highway billboard without authorization.
Landmark Settlement Reached
in New York City Prison Class Action
February 17, 2006 - As reported on the front page of The New York
Times, the City of New York signed a landmark class action settlement
that will encompass every New York City prison not already under a federal
court decree, and help protect tens of thousands of inmates from a pattern
and practice of excessive force in New York City jails. The settlement
in Ingles v. Toro was reached with plaintiffs' counsel Emery
Celli Brinckerhoff & Abady LLP, The Legal Aid Society, and Sullivan
& Cromwell LLP. Under the agreement, the City will revise
guidelines on when and how guards may use force, post hundreds of new
video cameras in the jails, overhaul its procedures for investigating
violant episodes, and provide more training for guards in how to restrain
inmates. The city will also pay approximately $2.2 million to
22 inmates who had suffered injuries such as shattered cheekbones, ruptures
eyeballs and split eardrums as a result of excessive force by prison
guards.
ECBA Files Supreme Court Brief in Vermont Campaign Finance
Case
February 8, 2006 - On behalf of the Center for Democracy and Election
Management at American University and various elections experts, ECBA
has filed an amicus brief with the Supreme Court in Randall v. Sorrell,
a Vermont case that addresses the constitutionality of mandatory campaign
spending limits. Drawing upon a wealth of original research, the brief
addresses the practical effects of spending limits in other developed
democracies, concluding that such limits do not harm electoral
competition or political freedom. ECBA attorney Ilann Maazel represented
the Center. The brief can be accessed at http://www.nvri.org/campaignspending/docs/Final%20CDEM%20Brief.pdf
December 10, 2005 - Five ECBA lawyers and three staff members received
the Legal Aid Society’s 2005 Pro Bono Publico Awards for their work
in Ingles v. Toro, a class action on behalf of thousands of
inmates against New York City’s Department of Corrections. This ongoing
class action alleges a pattern and practice throughout City jails of
excessive force against inmates and inadequate training, investigation,
and discipline of correction officers. ECBA is co-counsel, along with
the Legal Aid Society Prisoners’ Rights Project and Sullivan &
Cromwell. Jonathan Abady, Ilann Margalit Maazel, Sarah Netburn,
and Katherine Rosenfeld received the awards for the second consecutive
year; the firm's other recipients were partner Andrew Celli and staff
members Jessica Buchanan, Anna Fecker, and Scott Hoffer.
Mayor Announces Railbanking of High Line
November 16, 2005 - As
reported in the New York Times
and other publications, Mayor Michael R. Bloomberg today announced that
New York City has acquired title to the historic High Line elevated
rail and will convert the rail into a unique public space. The
rail, which extends 1.5 miles along the West Side of Manhattan, had
faced demolition under the last mayoral administration.
Richard Emery, Ilann Maazel, and former partner John Cuti secured a
critical initial victory that delayed demolition until Friends
secured support from incoming Mayor Bloomberg and various
community groups.
With conversion
scheduled to begin next year, the city landmark is projected to open
to the public as a railbanked trail in 2008.
ECBA Secures Landmark Settlement for New Jersey Foster Children
November 1, 2005 - In a case that has drawn national and international
attention, ECBA has secured a landmark $7.5 million settlement on behalf
of three New Jersey foster children who were systematically starved
by their foster parents over a period of many years — even though foster
care officials were regularly visiting and monitoring their home. In
April 2005, Judge Stanley Brotman of the United States District Court
for the District of New Jersey issued a groundbreaking opinion denying
the State's motion to dismiss and recognizing, for the very first time,
a private right of action for damages under New Jersey's Child Placement
Bill of Rights Act. The case settled in October 2005 for $7.5
million -- the largest settlement ever paid by the Division of Youth
and Family Services and one of the largest settlements ever paid by
the State of New Jersey. In addition to the $7.5 million cash
payment, the settlement includes additional money for future education
and health care needs, as well as active ongoing monitoring of the children's
foster care placements. ECBA attorneys Richard Emery and Eric
Hecker represented the children through their guardian ad litem, Marcia
Robinson Lowry of Children's Rights, Inc.
June 15, 2005 - As reported in the New
York Times, the Surface Transportation Board issued a Certificate
of Interim Trail Use for the High Line, paving the way for the historic
track to be converted and reused as a public walkway and open space
on the lower West Side. When the High Line was on the verge of
demolition in 2001, Friends of the High Line, the New York City Council,
Manhattan Borough President Virginia Fields, and neighborhood residents
retained ECBA to file an Article 78 petition in state court to enjoin
demolition. Richard Emery, Ilann Maazel, and former partner John
Cuti's initial Article 78 victory delayed demolition until Friends secured
critical support from incoming Mayor Bloomberg and other stakeholders.
For more information about the High Line, visit www.thehighline.org.
June 9, 2005 - As reported in the New
York Times and other major newspapers, ECBA attorneys Matthew
Brinckerhoff and Katherine Rosenfeld, along with co-counsel, today filed
a class action lawsuit on behalf of hundreds of New Yorkers who were
arrested, prosecuted and convicted under an outdated law that criminalized
"loitering for the purpose of begging." Citing a federal judge's 1992
decision to overturn a New York anti-begging statute on First Amendment
grounds, the lawsuit demands an end to the City's practice of arresting
those who peacefully beg on public streets. In response to the
suit, the Bronx District Attorney has admitted that the prosecutions
were improper and that the practice of charging panhandlers under the
void law must stop.
May 27, 2005 - As reported in the New York Times, ECBA yesterday
secured an historic settlement requiring New York City to pay $4.8 million
to Housing Works, a non-profit housing organization for people with
AIDS. Led by ECBA partner Matthew Brinckerhoff, the lawsuit successfully
challenged the city's vindictive 1997 decision to terminate funding
for Housing Works in response to the advocacy group's criticism of former
Mayor Rudolph Giuliani. According to the New York Times, the
landmark settlement "is by far the largest in a series of settlements"
reached in cases alleging unlawful retaliation by officials of the Giuliani
administration.
ECBA Secures Important Victory for Foster Children
April 6, 2005 - In a case of first impression, the United States District
Court for the District of New Jersey has held that New Jersey's Child
Placement Bill of Rights Act creates a private right of action for damages
suits against state officials by abused and neglected foster children.
The holding came in a decision denying the government's motion to dismiss
in K.J. v. State of New Jersey, in which ECBA represents three
New Jersey foster children who were systematically starved by their
foster and adoptive parents over a period of years. The motion was briefed
and argued by Eric Hecker.
March 2, 2005 - Four current and one former ECBA lawyer received the
Legal Aid Society’s 2004 Pro Bono Publico Awards for their work in Ingles
v. Toro, a class action on behalf of thousands of inmates against
New York City’s Department of Corrections. This ongoing class action
alleges a pattern and practice throughout City jails of excessive force
against inmates and inadequate training, investigation, and discipline
of correction officers. ECBA is co-counsel, along with the Legal Aid
Society Prisoners’ Rights Project and Sullivan & Cromwell.
The winners are Jonathan Abady, Ilann Margalit Maazel, Sarah Netburn,
Katherine Rosenfeld, and Joanna Schwartz.
January 28, 2005 - In a case filed by ECBA attorneys Matthew Brinckerhoff
and Sarah Netburn in Nevada, a federal judge granted an injunction that
will force the 2005 Nevada Legislature to consider an initiative that
would regulate marijuana similarly to alcohol. The initiative petition
collected nearly 70,000 valid signatures — well over the 51,337 necessary
to qualify the initiative based on the voter turnout in 2002 —
but the Secretary of State concluded that the initiative needed 83,156
signatures, based on the voter turnout in the 2004 election. The
Secretary's decision was a reversal of his prior practice and conflicted
with the guidelines for qualifying an initiative set forth in his official
guidebook. The federal court held that this decision violated the
rights of Nevada voters under the First Amendment, the Due Process clause
and the Equal Protection clause. As a result of ECBA's successful
litigation on behalf of the Marijuana Policy Project, the Committee
to Regulate and Control Marijuana, and the ACLU of Nevada, the Secretary
of State announced that he will send the Legislature two other initiative
petitions he had previously rejected.
January 2005 - Andrew G. Celli Jr. was singled out in the January 2005
issue of The American Lawyer for the “major role” he played in negotiating
the terms of an unusual settlement with Con Edison over the wrongful
death of 30-year-old Jodie Lane, who was electrocuted while walking
her dog in New York City last year. Lane, who had been a Columbia University
doctoral student, died when she stepped on a metal plate that had become
electrified by an improperly insulated utility box wire. Her father,
Roger Lane, wanted a settlement that would honor his daughter’s memory.
In addition to paying monetary damages of $6.25 million, Con Edison
agreed to set up a $1 million fund in Jodie’s name at Columbia University,
to test annually for stray voltage, and to form a panel of electrical
safety experts who will produce public reports about the company's safety
performance.
October 2004 - In a threatened action against the County Supervisor
of Elections for Volusia County, Florida, ECBA raised a state constitutional
challenge to the Supervisor's decision to place the only "early voting"
polling station in Volusia in the predominantly white town of DeLand.
That decision left a majority of the African-American voters of Volusia
no viable option for early voting in the 2004 Presidential election.
On October 12, 2004, soon after she was notified of the litigation,
the Supervisor announced that the county would make early voting available
in three locations outside DeLand. The three additional early polling
stations will make early voting a much more realistic and convenient
option for African-American voters in Volusia County.
September 2004 - In a case that has drawn national and international
attention, ECBA represents three New Jersey foster children (through
their guardian ad litem, Marcia Robinson Lowry of Children's Rights,
Inc.) who were systematically starved by their foster parents over a
period of many years — even though foster care officials were regularly
visiting and monitoring their foster home. The suit, brought against
the New Jersey Division of Youth and Family Services and various foster
care caseworkers and supervisors, asserts constitutional, statutory,
and common law claims seeking monetary damages to compensate the children
for the State's failure to protect them from harm.
September 2004 - As reported in the New York Times, Post, Daily News,
and elsewhere, ECBA filed a federal civil rights action on September
27, 2004 on behalf of four fourth-grade children who were illegally
strip searched in a public school in the Bronx. After a paraprofessional
apparently misplaced her ring, a school official forced the boys to
enter a closed room in the school, and strip searched them to their
underwear. None of the searches uncovered a ring or anything that the
boys were not allowed to take to school. The strip searches violated
official Board of Education policy, New York State law, and the United
States Constitution. This suit, filed in federal court in Manhattan,
was brought against the New York City Board of Education and an employee
of the Board. The filing has led the Department of Education to suspend
the school official pending disciplinary charges.
July 2004 - In a widely reported case, in July 2004 ECBA brought suit
in New York State Supreme Court challenging the constitutionality of
NYC Local Law 64, which imposes new restrictions upon newsstands on
the City's streets and paves the way for a city-wide franchise under
which independent newsdealers will be supplanted by a single corporate
franchisee. The scheme calls for the destruction of all current newsstands,
and their replacement with advertising-based newsstand kiosks. ECBA
represents the New York City Newsstand Operators' Association and several
individual newsdealers whose business are threatened by the new scheme.
March 2004 - In another widely reported case, ECBA represents a class
of hundreds of disabled preschool children throughout New York City
who are supposed to be in school and receiving special education services,
but who were instead placed on a City-wide waiting list. The suit, brought
against the New York City Department of Education and the Commissioner
of the State Education Department, seeks to provide all of these children
schooling and services as soon as possible after they are identified
as disabled.
February 2004 - Richard Emery was recently appointed to the New York
State Commission on Judicial Conduct, the state agency responsible for
investigating complaints of misconduct against judges of the New York
State unified court system. Andrew G. Celli, Jr. was recently appointed
to the New York Temporary State Commission on Lobbying, a bi-partisan,
independent Commission that monitors and makes public the identities,
activities and expenditures of those seeking to influence legislation,
rules, regulations, and rate-making actions of New York State government.
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