ECBA NEWS
Court of Appeals Unanimously Rejects Ex-Husband’s Claims for a Divorce Do-Over (April 3, 2012)
Judge Sanctions City for Destruction of Video of Attack on Inmate (March 28, 2012)
FHJC Challenges Race Discrimination at Two Brooklyn Rental Buildings (March 19, 2012)
New York City to Pay $15 Million in Damages for Illegal Loitering Charges (February 6, 2012)
Charles J. Ogletree, Jr. Joins ECBA as Special Counsel (January 2012)
Discrimination Complaint Filed Against NYPD (January 19, 2012)
Ninth Circuit Court of Appeals Reinstates Warrantless Wiretapping Cases (December 29, 2011)
Judge Grants Preliminary Injunction Blocking Discriminatory Housing Development (December 23, 2011)
Judge Approves Stipulation in Weed Man Case (December 20, 2011)
New York State Court of Appeals Annuls Rule on Taxi Lease Caps (December 15, 2011)
ECBA and NSB Win $2.4 Million Verdict in NJ Wrongful Death/Police Shooting Case (November 30, 2011)
New York State Court of Appeals Hears Argument on Taxi Lease Cap Case (November 14, 2011)
Race Discrimination Housing Case Settles for $341,000 and Injunctive Relief (November 7, 2011)
ECBA and Co-Counsel Sue Midtown Landlord for Illegal Rent Hikes (October 14, 2011)
Vasudha Talla Joins ECBA (October 2011)
Jonathan Carey Case Settles for $5 Million (September 22, 2011)
New York State Board of Elections Agrees to Changes in Vote Counting Practices (September 8, 2011)
Ninth Circuit Court of Appeals Hears Argument on Warrantless Wiretapping Cases (August 31, 2011)
Jonathan Carey Case Profiled in New York Times (June 5, 2011)
City Agrees to Pay $2 million in Inmate Death Lawsuit (May 25, 2011)
Brooklyn Judge Rejects Mayor’s Budget Cuts to HIV/AIDS Services Administration (April 27, 2011)
Divorce Dispute over Madoff Account Goes to New York Court of Appeals (April 21, 2011)
Earl S. Ward Joins ECBA (April 2011)
Julia Einbond Joins ECBA (March 21, 2011)
ECBA Files Lawsuit against Long Island Landlord Alleging Disability Discrimination (March 15, 2011)
Supreme Court Denies Schering Corp.’s Petition (February 28, 2011)
Court Dismisses Case against Children’s Aid Society (February 10, 2011)
Federal Judge Denies Real Estate Company's Motion to Dismiss (January 31, 2011)
Notice of Suit Sent to Over 13,000 Pfizer Pharmaceutical Representatives (January 21, 2011)
Katherine Rosenfeld and Elizabeth S. Saylor Named Partners (January 1, 2011)
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Court of Appeals Unanimously Rejects Ex-Husband’s Claims for a Divorce Do-Over
April 3, 2012 – The New York Court of Appeals, the State’s highest court, today unanimously ruled in favor of ECBA client Laura Blank and ordered the dismissal of her ex-husband’s claims to reform their long-settled divorce agreement. In Simkin v. Blank, Ms. Blank’s ex-husband brought claims against her in which he sought to reform their years-old divorce settlement agreement and recoup millions of dollars from her on the basis that one of the couple's major assets was an account with now-revealed fraudster Bernie Madoff. The Court of Appeals, reversing the decision of the Appellate Division, First Department, and reinstating the ruling of the trial court, rejected Mr. Simkin’s claims based on both mutual mistake and unjust enrichment. Writing for the Court, Justice Graffeo explained “This situation, however sympathetic, is more akin to a marital asset that unexpectedly loses value after dissolution of the marriage.” She went on to reason, “"Viewed from a different perspective, had the Madoff account or other asset retained by husband substantially increased in worth after the divorce, should wife be able to claim entitlement to a portion of the enhanced value? The answer is obviously no.” ECBA attorney Richard Emery argued before the Court of Appeals in February 2012, and was joined on the briefs by ECBA attorney Adam Pulver. Commenting on the decision, Mr. Emery explained, “You just can't go back and take what is completely settled in marital relations and throw your former spouse into a state of appeal when something went wrong with your own choice of how you wanted to handle your own money.”
The decision is available here. For more on the case, see newsday.com and yahoo.com.
Judge Sanctions City for Destruction of Video of Attack on Inmate
March 28, 2012 - On March 28, 2012, United States District Judge Robert P. Patterson, Jr., granted a motion filed by ECBA attorneys Adam Pulver, Katherine Rosenfeld, and Jonathan Abady, along with the Legal Aid Society Prisoners’ Rights Project, and awarded sanctions against the City of New York and various prison officials as a result of their destruction of surveillance camera footage of a brutal attack on an inmate. ECBA and the Prisoners’ Rights Project represent Kadeem John, who, while an 18 year-old inmate on Rikers Island, was severely beaten as part of the “Program,” a practice in which corrections officers allow certain inmates to effectively run adolescent jail units through patterns of intimidation and violence. As a result of this beating, Mr. John suffered significant neurological and kidney injuries. Although an investigation had been requested and correctional officials reviewed a video of the attack, the video was not preserved. The Defendants argued that the destruction was of no moment because correctional officials could be deposed, but, as Mr. Pulver explained to the Court: “A videotape is unique. It’s irreplaceable. It’s neutral. A jury should be entitled to see what the video showed.”
Judge Patterson agreed, and granted sanctions including attorneys’ fees and ordering that Defendants be barred from offering testimony about the recording, and that the jury be instructed that a recording had existed, but was destroyed, and would have supported the Plaintiff’s version of events.
For more, see nytimes.com.
FHJC Challenges Race Discrimination at Two Brooklyn Rental Buildings
March 19, 2012 – The Fair Housing Justice Center (FHJC) and four African-American testers filed a lawsuit today in federal court alleging that the owners and manager of two rental buildings in predominantly white neighborhoods of southern Brooklyn are discriminating on the basis of race. During five tests conducted in 2010 and 2011 in which comparably qualified African-American and white testers inquired about renting apartments in the two buildings, the manager told African-American testers there were no apartments available and/or quoted higher rents, while he told their white counterparts there were apartments available and quoted lower rents. The plaintiffs are seeking compensatory and punitive damages for the withholding of housing opportunities from African Americans in violation of federal and New York City fair housing laws and for injunctive relief to ensure future compliance. The plaintiffs are represented by Diane L. Houk and Julia Einbond of ECBA.
To read the complaint, click here.
Judge Rules Racial Housing Discrimination Case against Bronx Cooperative Should Proceed to Trial
March 9, 2012 – In a detailed 24-page ruling today, United States District Judge Robert P. Patterson, Jr. denied Edgewater Park Owners’ Cooperative’s motion for summary judgment on the claims of housing discrimination brought against them by ECBA on behalf of the Fair Housing Justice Center (“FHJC”). The case challenges Edgewater Park’s requirement that purchasers obtain three references from existing shareholders as a pre-requisite to buying shares of the Co-op under theories of both intentional discrimination and “disparate impact” discrimination against African-Americans, under federal, state, and city law. Judge Patterson held that the FHJC had adduced sufficient evidence on all of its claims to proceed to trial, and that, as a fair housing organization, it had standing to pursue its claims. In his opinion, Judge Patterson found a “significant racial disparity in the demographics of Edgewater Park” and also noted a variety of evidence, including “troubling inconsistencies” in the testimony of Co-Op board members as to their application of the shareholder reference rule, which could support an inference of discriminatory intent. ECBA attorney Adam Pulver argued against the motion, and the briefs were written by Mr. Pulver, Diane L. Houk, and Sam Shapiro.
Judge Patterson’s opinion is available here.
Housing Discrimination Case Against Suburban Town Settles, Eliminating Biased Residency Preference
February 27, 2012 - On February 27, 2012, a federal judge approved a multi-year consent decree resolving a housing discrimination case filed on behalf of the Fair Housing Justice Center (FHJC) in December 2010 against the Town of Yorktown. The lawsuit alleged that the Town, a predominantly white community in northern Westchester County, discriminated on the basis of race and national origin in its administration of its Section 8 rental assistance and other affordable housing programs. In applying a local residency preference, the Town effectively excluded African Americans and Latinos on the waiting list from receiving federally funded housing vouchers.
Under the proposed agreement, the Town will eliminate all residency preferences in its housing programs. Additionally, the Town will reorder its current waiting list to give priority to non-resident applicants currently residing in high-poverty neighborhoods, offer higher rent amounts to non-resident applicants who choose to move to eligible low-poverty areas in northern Westchester County, provide Town officials with fair housing training, provide fair housing informational materials to Section 8 voucher holders, take steps to recruit landlords to the program, and affirmatively market the program to minority populations in Westchester County prior to re-opening the waiting list, in addition to other policies designed to ensure future compliance with fair housing laws. Finally, the Town will pay $165,000 in monetary compensation to the FHJC. ECBA’s Julia Einbond, Zoe Salzman, and Diane L. Houk represented the plaintiff in the case.
To read more about the case, click here.
New York Court of Appeals Hears Argument on Attempt to Undo Divorce Settlement Due to Madoff Investment
February 14, 2012 – On February 14, 2012, New York’s highest court, the Court of Appeals, heard argument in Simkin v. Blank, a case in which an ex-husband seeks to reform a years-old divorce settlement agreement and recoup millions of dollars from his ex-wife on the basis that one of the couples’ major assets was an account with now-revealed fraudster Bernie Madoff. ECBA partner Richard Emery argued on behalf of Laura Blank, the defendant ex-wife, a state employee. He was joined on the briefs by ECBA attorney Adam Pulver.
To read the New York Law Journal article, click here (subscription required). To watch the argument, click here.
Court Allows Putative Class Action on Behalf of Wrongfully Incarcerated “PRS” Plaintiffs to Proceed
February 10, 2012 – On February 10, 2012, United States District Judge Shira Scheindlin denied a motion brought on behalf of a variety of state officials seeking to dismiss a putative class action claiming that, in flat defiance of clear constitutional commands, state officials subjected hundreds of individuals to unlawful custody for violations of terms of “Post-Release Supervision" ("PRS") that they were never sentenced to by a judge. The state officials claimed that the unconstitutionality of the practice was not “clearly established,” despite a 2006 ruling of the Second Circuit Court of Appeals that it violated due process (Earley v. Murray, 451 F.3d 71 (2d Cir. 2006)). In denying the motion, Judge Scheindlin found that the plaintiffs had “clearly and plausibly alleged that [State Department of Correction (“DOC”)] Defendants knew that the plaintiffs’ terms of PRS had been imposed administratively when those plaintiffs were returned to DOC custody for unlawful incarceration, and that the DOC officials were deliberately indifferent to these known violations of the plaintiffs’ rights.” Accordingly, “it was objectively unreasonable of defendants to continue enforcing administrative PRS without seeking resentencing for two years after Earley.” ECBA attorneys Matthew D. Brinckerhoff and Adam R. Pulver represent three individuals on behalf of a putative class in the case, captioned Betances v. Fischer, S.D.N.Y. No. 11 Civ. 3200(SAS).
To read the New York Law Journal article, click here. To read the Courthouse News article, click here.
New York City to Pay $15 Million in Damages for Illegal Loitering Charges
February 6, 2012 – A federal court in Manhattan today approved a class action settlement requiring New York City to pay $15 million dollars to approximately 22,000 New Yorkers who were illegally charged by the New York City Police Department under unconstitutional “loitering” statutes between 1983 and this year. The NYPD continued to enforce these void statutes for decades after New York State and federal courts had struck down these laws in the 1980s and 1990s, on First Amendment and other constitutional grounds. The settlement also provides for injunctive relief for the class, including ongoing training by the NYPD, monitoring, and other measures to ensure that the void laws are not enforced again in the future.
The unconstitutional loitering laws under which the NYPD illegally charged tens of thousands of New Yorkers are N.Y. Penal Law § 240.35(1) (“loitering for the purpose of begging”), § 240.35(3) (loitering in a public place for the purpose of engaging in “sexual behavior of a deviate nature”), and § 240.35(7) (loitering in a transportation facility and “unable to give a satisfactory explanation of his presence”).
Plaintiffs are represented by Katie Rosenfeld and Matthew D. Brinckerhoff of Emery Celli Brinckerhoff & Abady LLP, along with co-counsel The Bronx Defenders.
In approximately three months, notice and a claim form will be sent to all 22,000 people in the class. Class members must return the claim form to be eligible for payment. Persons who think they are in the class may call 1-800-846-0798 or go to nycloitering.com for more information.
To read the press release, click here. To read the New York Times article about the case, click here. To read the Wall Street Journal article, click here.
Charles J. Ogletree, Jr. Joins ECBA as Special Counsel
January 2012 – Charles J. Ogletree, Jr., the Harvard Law School Jesse Climenko Professor of Law, and Founding Director of the Charles Hamilton Houston Institute for Race and Justice, joined ECBA as Special Counsel. One of the nation's leading legal scholars and practitioners, Professor Ogletree continues to practice law in his fields of expertise, including civil rights law and criminal defense. Over the years, he has served as an attorney in numerous landmark civil rights cases, such as the 1921 Tulsa Race Riot Survivors' Suit and in historic controversies, including representation of Professor Anita Hill in Supreme Court confirmation hearings before the United States Senate. He regularly appears in trial and appellate courts around the country on behalf of a diverse range of clients
Professor Ogletree received his M.A. and B.A. (with distinction) in Political Science from Stanford University, where he was Phi Beta Kappa. He holds a J.D. from Harvard Law School, where he served as Special Projects Editor of the Harvard Civil Rights - Civil Liberties Law Review. Professor Ogletree began his legal career as a criminal defense lawyer with the District of Columbia Public Defender Service, where he was eventually appointed Deputy Director. Thereafter, he entered private practice. In 1985, he began his teaching career as a faculty member of the Harvard Law School and became tenured in 1993.
Repeatedly recognized for his extraordinary contributions to law and policy, Professor Ogletree was selected by the National Law Journal in 2000 as one of the 100 Most Influential Lawyers in America. Among his many other honors, Professor Ogletree was named by the National Law Journal in 2008 as one of the 50 Most Influential Minority Lawyers in America. In 2009, he was awarded the venerated ABA Spirit of Excellence Award in recognition of his many contributions to the legal profession. One of the original, featured moderators in PBS's seminal series, Ethics in America, Professor Ogletree has regularly appeared as a guest commentator on nationally and internationally syndicated television programs. His commentaries on a broad range of timely and important issues have appeared on the editorial pages of the country's leading newspapers, including The New York Times, the Los Angeles Times, the Washington Post, and the Boston Globe.
Professor Ogletree joins at an exciting time at the firm, which recently settled the Jonathan Carey case with New York State for $5 million, won a $2.4 million jury verdict in a police shooting case in New Jersey, and has won important victories in state and federal court for taxi owners, political parties, and victims of warrantless wiretapping, housing discrimination, and prison abuse.
To read the press release, click here.
ECBA Files Amicus Brief in U.S. Supreme Court on Behalf of Former HUD Secretary Henry G. Cisneros and Others in Fair Housing Case
January 30, 2012 – ECBA represented former HUD Secretary Henry G. Cisneros and ten other former HUD officials in an amicus curiae brief in the United States Supreme Court in Magner et al. v. Gallagher et al. The brief discusses HUD’s long-standing and consistent recognition of a disparate impact theory of liability in administering and enforcing the Fair Housing Act, and argues that the Court should defer to HUD’s reasonable interpretation of the FHA. ECBA’s Diane L. Houk and Eisha Jain authored the brief.
Discrimination Complaint Filed Against NYPD
January 19, 2012 – As widely reported in the media, African-American detectives in the New York Police Department's ("NYPD") Intelligence Division filed a complaint with the EEOC alleging that the NYPD's Intelligence Division discriminates against black detectives. The claimants are represented by Earl S. Ward, Elizabeth S. Saylor, and Eisha Jain of ECBA and Christopher Dunn of the New York Civil Liberties Union Foundation.
A redacted copy of the complaint is available here.
To read more about the case, go to: cnn.com and ny1.com.
Ninth Circuit Court of Appeals Reinstates Warrantless Wiretapping Cases
December 29, 2011 – A unanimous panel of the Ninth Circuit Court of Appeals has reversed a lower court, and held that the statutory and constitutional claims of millions of Americans whose telephone and e-mail communications have been subjected to warrantless surveillance by the National Security Agency as part of a massive secret dragnet program may proceed. In Shubert v. Obama, ECBA represents four individuals and a putative class of individuals who claim their communications were unlawfully intercepted by the federal government, without a warrant or other statutory authorization. ECBA attorney Ilann Maazel argued on behalf of the plaintiffs in Seattle in August 2011, and ECBA attorney Adam Pulver joined Mr. Maazel in writing the briefs.
The Court's decision is available here.
For more on the opinion, go to: wired.com and latimes.com.
Judge Grants Preliminary Injunction Blocking Discriminatory Housing Development
December 23, 2011 - State Supreme Court Justice Emily Goodman granted a preliminary injunction preventing New York City from proceeding with its Broadway Triangle housing development plan. Plaintiffs in the case contend that the City’s plan to build affordable housing would favor the area’s Hasidic population, to the detriment of Blacks and Latinos, and further racial segregation. The plan, which would include a housing priority for residents of the predominantly white area of South Williamsburg over the adjacent predominantly black area of Bedford-Stuyvesant, would, according to the court, exacerbate the existing racial disparity between the neighborhoods and do little to further community integration.
The court further concluded that, as a recipient of federal housing funds, the City must evaluate the impact its housing development projects have on segregation and is obligated to pursue projects that are inclusive and integrative. The plaintiffs, a coalition of local community groups and residents, are represented by ECBA, NYCLU, Brooklyn Legal Services, and Weil, Gotshal & Manges, LLP.
To read the decision, click here. To read more about the case, click here.
Judge Approves Stipulation in Weed Man Case
December 20, 2011 – U.S. District Judge Shira A. Scheindlin approved a stipulation between the City and Joshua Long, better known as the “Weed Man.” Mr. Long, who has become a fixture in Times Square, known for the sign he carries: “Help! I Need Money for Weed!” filed a lawsuit in July claiming violations of his constitutional rights by NYPD officers. The complaint contends that both Mr. Long’s sign and the act of asking for money are constitutionally protected free speech. Nevertheless, he has been continually harassed by police officers and subjected to a slew of unlawful arrests. Though the recent stipulation does not resolve the case and does not include an admission of the defendants’ liability, the City agrees that it will make its best efforts to ensure that midtown police officers will not disturb Mr. Long, so long as he is standing lawfully and peacefully on a public sidewalk. The City also commits to ensuring that all NYPD officers who work in Times Square are aware of the substance of the Court-ordered stipulation. Mr. Long is represented by Matthew D. Brinckerhoff and Sam Shapiro of ECBA.
To read more about the case, click here.
New York State Court of Appeals Annuls Rule on Taxi Lease Caps
December 15, 2011 – Reversing the decisions of lower courts, the New York State Court of Appeals annulled a rule of the New York City Taxi & Limousine Commission (TLC) that effectively reduces the rates taxicab owners are allowed to charge the drivers who lease their vehicles. The rule, which was adopted in 2009, prohibited owners from collecting sales tax in addition to the standard lease cap. In a unanimous decision, the Court found that the TLC’s rulemaking was “arbitrary and capricious” and that “the Commission has not shown any rational basis” for it. The plaintiffs in the case, owners and operators of the City’s taxicab fleets, are represented by Richard D. Emery, Elizabeth S. Saylor, and Julia Einbond, of ECBA.
To read the decision, click here.
ECBA and NSB Win $2.4 Million Verdict in NJ Wrongful Death/Police Shooting Case
November 30, 2011 – ECBA and Neufeld Scheck & Brustin won a jury verdict for $2,422,274 in Bergen County, New Jersey, for the shooting and wrongful death of Emil Mann by a member of the New Jersey State Park Police. Emil Mann was unarmed when he was shot twice by the officer. A member of the Ramapough Lenape Indian Nation, Emil is survived by his three sons, Emil, Jr., Ronnie, and Jacob. At the conclusion of a four week trial, the jury awarded compensatory and punitive damages, finding that the shooting was both unreasonable and malicious or wanton. Andrew G. Celli, Jr. and Ilann Maazel at ECBA, and Nick Brustin and Emma Freudenberger at NSB, represented the Mann family.
New York State Court of Appeals Hears Argument on Taxi Lease Cap Case
November 14, 2011 – The Court of Appeals for the State of New York heard argument in Metropolitan Taxicab Board of Trade v. The New York City Taxi & Limousine Commission, a case brought by ECBA on behalf of owners and operators of New York City’s taxicab fleets. The case challenges rules adopted in 2009 by the Taxi & Limousine Commission (TLC) that prohibit taxicab owners from charging drivers sales tax on top of the lease cap, the maximum amount owners may charge per shift. Arguing on behalf of the plaintiffs, Richard D. Emery contended that the new rules violated basic New York State and federal administrative law requirements by changing lease rates without any consideration to the costs that would be imposed on the taxi industry. Further, Mr. Emery argued, because the rules were altered to require that sales taxes be charged within the lease cap, the TLC effectively shifted the burden of the tax from the purchaser (taxi drivers) to the seller (taxi owners), directly contradicting state tax law. The plaintiffs in the case are represented by Richard D. Emery, Elizabeth S. Saylor, and Julia Einbond, of ECBA.
To watch the argument, click here.
Race Discrimination Housing Case Settles for $341,000 and Injunctive Relief
November 7, 2011 - ECBA attorneys settled a housing discrimination case alleging a New York management company, landlord, building superintendent, and his wife racially discriminated against prospective African American renters. The case was based on fair housing testing conducted by the Fair Housing Justice Center (FHJC) in 2009 at Broadway Crescent Apartments in Astoria, Queens. The Complaint alleged that white testers sent to the building by the FHJC were given information about available apartments and often taken to view them, while African American testers were told that there were no availabilities.
The FHJC and four African American testers who were told apartments were not available to rent when they visited Broadway Crescent Apartments will receive $341,000 in damages, attorneys’ fees, and costs. The defendants are required to provide fair housing training for their employees, adopt non-discrimination policies, and advertise available rentals in all apartment buildings managed by M & N Management. These and other measures, which aim to ensure compliance with federal, state, and local fair housing laws, will span four years. The plaintiffs in the case are represented by ECBA’s Diane L. Houk and Eisha Jain.
For more information on the case, go to: fairhousingjustice.org. To read the Settlement Agreement, click here.
ECBA and Co-Counsel Sue Midtown Landlord for Illegal Rent Hikes
October 14, 2011 - ECBA and co-counsel Himmelstein, McConnell, Gribben, Donoghue, & Joseph have filed a putative class action lawsuit on behalf of tenants at 350 E. 52nd St against their landlords, arguing that the landlords improperly deregulated their rent controlled apartments while receiving J-51 tax benefits. As the New York State Court of Appeals has held in Roberts v. Tishman Speyer Properties, L.P., such a practice is prohibited by the statutes which govern the J-51 program. The case is Casey v. Whitehouse Estates, Inc., Sup. Ct. N.Y. Co. No. 111723/2011. ECBA attorneys Matthew Brinckerhoff and Adam Pulver represent the Plaintiffs in this action, as well as tenants of three other properties in related cases.
To read more about the case, click here.
ECBA and City Settle Case on Behalf of Transgender Plaintiff Sexually Assaulted by Prison Employees
October 5, 2011 - The City of New York will pay $750,000 to settle a civil rights lawsuit brought by a young transgender woman who was sexually assaulted twice by City employees while in the custody of the New York City Department of Correction.
She was first assaulted by an aide at Bellevue Hospital, who has already been convicted of that crime. Two months later, she was sexually assaulted by a corrections officer at Rikers Island, even though she had reported his sexual harassment to City officials prior to the attack. The officer has been indicted on felony charges. The lawsuit, filed in the Southern District of New York in 2010, included claims for assault and battery, cruel and unusual punishment, deliberate indifference, negligence, and for gender-motivated violence under the New York City Human Rights Law. The Plaintiff's experience is reflective of the abuse that transgender prisoners in New York, and across the country, face on a daily basis.
The Plaintiff was represented by ECBA attorneys Ilann M. Maazel and Adam Pulver, along with Anthony Cecutti of the Law Office of Anthony Cecutti. For more on the case, see “Guard Held in Sexual Attack on Transgender Inmate.”
Vasudha Talla Joins ECBA
October 2011 - Vasudha Talla joined the firm in 2011. Previously, she clerked for the Hon. Keith P. Ellison in the Southern District of Texas. She also served as an Arthur Liman Fellow at Sanctuary for Families in New York, NY, where she expanded Sanctuary's services for domestic violence victims to detained immigrant women in New York and New Jersey through direct representation and outreach.
Ms. Talla received her J.D. from Yale Law School in 2009. In law school, she served as a director of the Immigration Legal Services Clinic and the Lowenstein Human Rights Project. She also participated in the Criminal Defense Clinic, served as an Articles Editor for the Yale Journal of Law & Feminism, and worked as a Coker Fellow teaching assistant for Professor Judith Resnik. She spent her law school summers interning at a human rights organization in Buenos Aires, Argentina, the Center for Gender and Refugee Studies, and Debevoise & Plimpton LLP.
Jonathan Carey Case Settles for $5 Million
September 22, 2011 - New York State will pay $5 million to settle two wrongful death lawsuits brought by Michael and Lisa Carey, whose son Jonathan died in 2007 while living in a State facility for the disabled. Jonathan, an autistic 13-year-old, was asphyxiated and killed by a State employee while on a community outing. Two State employees have been criminally convicted as a result of Jonathan's death.
The case helped bring attention to the severe institutional dysfunction of New York State's care for the disabled. For years, the institutions dedicated to caring for some of New York’s most vulnerable residents have exhibited systemic deficiencies in health and safety standards, abuse investigation and reporting, and employee qualification. The Careys, who have become some of New York's most outspoken advocates for disability rights, hope that the case will prompt serious reform to fix a broken system. The Carey family is represented by ECBA’s Ilann M. Maazel and Zoe Salzman.
To read the press release, click here. To read the New York Times article about the settlement, click here.
New York State Board of Elections Agrees to Changes in Vote Counting Practices
September 8, 2011 – Settling a case brought by the New York Conservative Party, the Taxpayers’ Party, and the Working Families Party, the New York State Board of Elections agreed to alter the way in which double votes are counted. The lawsuit challenged the constitutionality of New York’s practice of automatically attributing double votes, which occur when a person votes for a single candidate on more than one party line, only to the major party. For minor parties, the consequences of this method are potentially fatal; parties need at least 50,000 votes to maintain a line on the ballot without resorting to petition. Under the agreement, voters who cast double votes will be alerted that they have done so, informed of how that vote would be counted, and given an opportunity to change their ballots. Reprogramming of the State's voting machines will be implemented in time for the 2012 general election. Plaintiffs Conservative Party and Taxpayers’ Party were represented by ECBA’s Andrew G. Celli, Jr. and Zoe Salzman, along with co-counsel Cuti Hecker Wang LLP, and the Brennan Center for Justice, which represented the Working Families Party and the Conservative Party.
To read more about the case, click here.
Ninth Circuit Court of Appeals Hears Argument on Warrantless Wiretapping Cases
August 30, 2011 – On August 31, 2011, in Seattle, Washington, the Ninth Circuit Court of Appeals heard argument in Shubert v. Obama, a case brought by ECBA on behalf of hundreds of thousands of Americans whose telephone and e-mail communications were subject to warrantless surveillance by the National Security Agency as part of a massive secret dragnet program. The case was dismissed by District Judge Vaughn Walker in 2010, and the federal government now claims that to further litigate the case would violate the so-called "state secrets privilege." ECBA attorney Ilann Maazel argued on behalf of the plaintiffs, and ECBA attorney Adam Pulver joined Mr. Maazel in writing the briefs. The case was argued in conjunction with Jewel v. National Security Agency, a similar case brought by the Electronic Frontier Foundation.
For more information on the case, see: eff.org, wired.com , or businessweek.com.
An audio recording of the argument is available here.
ECBA Files Lawsuit against Realty Firms and Landlord for Discrimination against New Yorkers Living with AIDS
August 26, 2011 – ECBA filed a lawsuit in federal court alleging that four New York City real estate companies and the owner of a Manhattan apartment building discriminate against people with AIDS who do not work and have a monthly housing rental subsidy from the City's HIV/AIDS Services Administration (HASA). The Complaint alleges that the defendants refused to show apartments, segregated rental listings according to source of income, and told prospective renters that landlords would not rent to them. The plaintiffs in the case are represented by ECBA's Diane L. Houk and Housing Works.
For more information on the case, go to: fairhousingjustice.org.
ECBA and Co-Counsel Barnum & Reyes File Amended Complaint in New York City Foster Care Abuse Case
August 8, 2011 - After joining as counsel for S.P. in June 2011, ECBA, along with co-counsel Barnum & Reyes, filed an amended complaint detailing extreme and irreparable harm suffered by S.P., a five-year-old child, while she was in the custody of New York City's Administration for Children's Services ("ACS"). ACS took S.P. into its custody in 2001 when she was only nine days old for her own protection. ACS assigned the private foster care agency Graham Windham Services ("GWS") to provide S.P.'s day-to-day foster care services. Five years later, after abandoning her in an abusive and filthy foster home, S.P. was tortured in that home by a relative of her foster parent, who chose to punish her for accidentally wetting herself by pouring boiling water over her head, neck, and back. Even after S.P. sustained extensive, disfiguring keloid scars from this extreme abuse, ACS and GWS failed to discover, treat, or remove S.P. from this foster home until over five months later, and only when a doctor not employed by ACS or GWS called 911.
Supreme Court Rejects Roger Clemens’ Attempt to Restore Claims against Trainer Brian McNamee
June 28, 2011 – On June 28, 2011, the United States Supreme Court denied baseball player Roger Clemens’ petition for a writ of certiorari, leaving in place the decision of a panel of the Fifth Circuit Court of Appeals, affirming the dismissal of his defamation claims against his former trainer, ECBA client Brian McNamee. ECBA attorneys Richard Emery, Earl Ward, Debbie Greenberger, and Adam Pulver successfully argued that the Texas courts where Clemens commenced his action lacked personal jurisdiction over McNamee. McNamee’s own claims against Clemens remain pending in the United States District Court for the Eastern District of New York.
For more on the story, go to msnbc.com or nydailynews.com.
Jonathan Carey Case Profiled in New York Times
June 5, 2011 – A front-page New York Times article on the failings of New York State’s institutions for the developmentally disabled focused on the case of Jonathan Carey, a 13-year-old with autism who died while under institutional care in February 2007. A state employee, who had worked for fifteen days straight and for nearly 200 hours just before the incident, was convicted of asphyxiating Carey in the back of a van as he was being transported. The employee had a previous criminal record when he was hired at the facility.
The article was deeply critical of the State’s institutions, calling them “a system in disarray.” In addition to the Carey case, the article documented other stories of abuse, emotional and physical, as well the institutions’ poor safety and living conditions. Since 2005, seven of the nine institutions dedicated to caring for the developmentally disabled have failed New York State Health Department inspections. The Times article further critiqued the institutions’ deficient qualification standards for employees and consistent failures to conduct meaningful investigations into abuse allegations. The Carey family is represented by ECBA attorneys Ilann M. Maazel and Zoe Salzman.
To read the article, click here.
City Agrees to Pay $2 million in Inmate Death Lawsuit
May 25, 2011 – New York City will pay $2 million to settle a lawsuit brought by the family of Oswald Livermore, who died in May 2007 while being held at the Manhattan Detention Complex. Mr. Livermore suffered from severe alcohol withdrawal, exhibiting agitation and disorientation within hours of arriving at the jail. In spite of proper procedure for such symptoms, which includes hospitalization, Mr. Livermore was kept in the general population and given no treatment. He died roughly 28 hours after his arrival at the jail.
The case raises serious questions about effective communication among the Department of Corrections staff, as well as the effectiveness of medical services provided to the City’s prisoners, many of whom suffer from drug and alcohol problems. Mr. Livermore’s family is represented by ECBA’s Jonathan Abady, Katherine Rosenfeld, and Debbie Greenberger, alongside the Legal Aid Society.
To read more about the case, click here.
Brooklyn Judge Rejects Mayor’s Budget Cuts to HIV/AIDS Services Administration
April 27, 2011 - Federal Magistrate Judge Cheryl Pollak ruled that the Bloomberg administration cannot implement its proposed budget cuts to the City’s HIV/AIDS Services Administration. Planned reductions would have cut 254 case managers from the agency’s staff and dealt a serious blow to HASA, which provides crucial benefits and social services to tens of thousands of people living with HIV/AIDS and their families. Ruling that the cuts violate both a City law governing manager-to-client ratios and a federal court order, Judge Pollak has given the City thirty days to comply with her decision. If the City does not reverse its position, she will issue an enforcement order preventing the cuts. The motion for a temporary restraining order against the City was filed by Matthew Brinckerhoff of ECBA, Virginia Shubert, the HIV Law Project, and Housing Works.
Divorce Dispute over Madoff Account Goes to New York Court of Appeals
April 21, 2011 - On April 21, 2011, the New York Supreme Court, Appellate Division, First Department, granted leave for ECBA client Laura Blank to appeal its January 2011 decision to the Court of Appeals, New York’s highest court. That decision had allowed claims brought by Ms. Blank’s ex-husband, Steven Simkin, to redo their 2004 divorce settlement, on the basis that the parties were “mistaken” as to the existence and/or value of his investments with Bernard Madoff, to proceed.
ECBA Attorneys Richard D. Emery and Adam R. Pulver argued to the Appellate Division that its earlier decision was erroneous as a matter of law, and had the potential to upset wide-ranging effects for divorcing spouses across New York State. The Appellate Division’s decision had reversed that of Supreme Court Justice Saralee Evans, who, in December 2009, had dismissed Mr. Simkin’s claims against Ms. Blank as a matter of law. As reported in the New York Law Journal, the Court of Appeals will now set a briefing schedule for the case.
To read more about the case, click here.
For earlier coverage, go to: http://yhoo.it/eDoE2Q and http://bloom.bg/hqia6i.
Earl S. Ward Joins ECBA
April 2011 - Earl S. Ward, one of New York's most successful trial lawyers, joined ECBA as partner in April, 2011. Previously, Mr. Ward had his own firm, where he handled serious felony matters including numerous homicide, death penalty, and federal civil rights cases. His clients have spanned a broad spectrum, from indigent criminal defendants to high profile figures and corporate executives.
With twenty six years of experience as a criminal defense and civil rights attorney, Mr. Ward is preeminent in the field. He has lectured extensively on trial practice, including as guest lecturer at New York University School of Law, Cardozo Law School, and the United States District Court for the Southern District, Pro Se Trial Advocacy Program. Mr. Ward is also a former Commissioner on the Civilian Complaint Review Board (CCRB) and a former member of the Board of Directors for the New York State Association of Criminal Defense Lawyers (NYSACDL). Currently, he is the Chairperson of the Board of Directors for the Bronx Defenders, Vice Chair of the Board of Housing Works, and Chair of the Board of Esperanza.
Mr. Ward began his career with the criminal defense division of the Legal Aid Society. Thereafter, he worked as a staff attorney with the New York Civil Liberties Union (NYCLU), where he handled police abuse and First Amendment litigation. Prior to entering private practice in 1996 he was a supervising attorney at the Neighborhood Defender Services of Harlem.
Julia Einbond Joins ECBA
March 21, 2011 – Julia Einbond joined the firm on March 21, 2011. Previously, she clerked for the Hon. Mitchell S. Goldberg in the Eastern District of Pennsylvania. She also worked as a consultant on justice and child protection issues for the United Nations in the South Pacific.
Ms. Einbond received her J.D. from NYU School of Law in 2008, where she was a Root-Tilden-Kern Scholar. She spent her law school summers with the Columbia University Program on Forced Migration and Health and The Legal Aid Society’s Juvenile Rights Practice. Ms. Einbond is a senior associate with the Columbia Group for Children in Adversity.
ECBA Files Lawsuit against Long Island Landlord Alleging Disability Discrimination
March 15, 2011 - ECBA attorneys filed a lawsuit in federal court alleging that the owner of five apartment complexes in Suffolk County discriminates against people with disabilities by imposing fees and surcharges on tenants with service animals, quoting higher rent for the same size apartment, and refusing to change rental policies to accommodate renters' disabilities as required by federal, state, and local fair housing laws. The plaintiff in the case is represented by ECBA's Diane L. Houk.
For more information on the case, go to: Long Island Housing Services.
Federal Judge Denies Summary Judgment Motion Filed by Apartment Building Superintendent's Wife
March 9, 2011 - Federal District Court Judge McMahon denied a motion for summary judgment filed by the wife of an Astoria, Queens apartment building superintendent in a race discrimination case filed by ECBA on behalf of African American testers and a fair housing organization against the owners and managers of the building. Judge McMahon found that federal, state, and local fair housing laws that prohibit discrimination applied to the superintendent's wife even though she was not an employee or agent of the owner. The plaintiffs are represented by Eisha Jain and Diane L. Houk.
To read the Order, click here.
Supreme Court Denies Schering Corp.’s Petition
February 28, 2011 – On February 28, 2011, the United States Supreme Court denied drug company Schering Corporation’s petition for a writ of certiorari, leaving in place the Second Circuit Court of Appeals decision in favor of a class of Schering employees who brought suit challenging Schering’s failure to pay them overtime, in violation of the federal Fair Labor Standards Act. Schering had contended that their pharmaceutical representatives fell outside the scope of the Act, a position rejected by the Second Circuit Court of Appeals.
ECBA Attorney Matthew Brinckerhoff argued the case before the Second Circuit, and served as attorney of record in opposing Schering’s certiorari petition, along with co-counsel the DiChiara Law Firm and Kingsley & Kingsley. ECBA attorneys Matthew D. Brinckerhoff, Elizabeth S. Saylor, and Sam Shapiro also represent members in a similar collective action against Pfizer, Inc., which is currently pending in the Southern District of New York.
For more information on the case, go to: http://tinyurl.com/3b38htr
Court Dismisses Case against Children’s Aid Society
February 10, 2011 – ECBA successfully represented the Children’s Aid Society (CAS) in a putative class action lawsuit that sought to prevent CAS from closing one of its schools located in an affluent New York City neighborhood. Instead of continuing to operate the school, CAS decided to concentrate its resources in neighborhoods with higher levels of poverty. A parent at the CAS school sought to prevent this closure, but on February 10, 2011, ECBA obtained a stipulation dismissing the case and allowing CAS to continue its mission of serving those who are most in need. ECBA attorneys Ilann Maazel and Sam Shapiro represented CAS.
Federal Judge Denies Motion to Dismiss Constitutional Challenge to New York Election Law
February 10, 2011 – United States District Judge Jed S. Rakoff rejected a motion to dismiss a case brought by ECBA and co-counsel CutiHecker LLP on behalf of the New York Conservative Party and the Taxpayers’ Party, as well as by co-counsel the Brennan Center for Justice on behalf of the Working Families Party. The case challenges the constitutionality of the way New York State counts so-called “double-votes,” which occur when a person votes for a candidate on more than one party line. State law presently requires that double votes be counted only for the major party (almost invariably the Republicans or the Democrats) and not for the minor parties, including the plaintiffs Conservative Party, the Taxpayers’ Party, and the Working Families Party.
For more information, go to: http://tinyurl.com/4345mry
New York Judge Finds Trainer Brian McNamee’s Defamation Claims against Former Client Roger Clemens Can Proceed
February 3, 2011 - Senior United States District Judge Sterling Johnson ruled that ECBA client Brian McNamee’s lawsuit against Roger Clemens could proceed, based on Clemens’s campaign accusing his former trainer of lying and manufacturing evidence about Clemens use of steroids and HGH. Richard Emery and Debra Greenberger of ECBA, along with Earl Ward, represent Mr. McNamee, Roger Clemens’ former trainer.
For more information, see: http://tinyurl.com/45h7t46
Federal Judge Denies Real Estate Company's Motion to Dismiss
January 31, 2011 - Federal District Court Judge Batts denied a motion to dismiss a disability and source of income discrimination lawsuit brought by ECBA and the Urban Justice Center on behalf of a formerly homeless disabled man and a non-profit fair housing organization against 20 real estate companies and brokers. The motion was filed by Queens-based Bayside NY Homes LLC d/b/a Keller Williams Realty. Judge Batts found that the plaintiffs had sufficiently alleged disability discrimination in their Complaint against the Queens-based real estate company based on a disparate impact theory of liability. ECBA attorneys Diane L. Houk and Elizabeth Saylor represent plaintiff Fair Housing Justice Center in the matter.
To read the Order, click here.
Jury Finds for ECBA Client Following Trial of Sexual Orientation Housing Discrimination Claims
January 31, 2011 - Following a one-month trial of his claims, a Bronx Supreme Court jury today found in favor of ECBA’s client, plaintiff Mr. Cruz, on his claims that he was subjected to housing discrimination because of his sexual orientation while he was a tenant in the Bronx. Represented by ECBA attorneys Katherine Rosenfeld and Mariann Meier Wang, the jury awarded plaintiff compensatory and punitive damages.
For more information on the case, go to: http://tinyurl.com/2coc4d6
Notice of Suit Sent to Over 13,000 Pfizer Pharmaceutical Representatives
January 21, 2011 - On January 21, 2011 notice was mailed to approximately 13,500 former and current Pfizer pharmaceutical representatives, informing them that they have until April 21, 2011 to join Coultrip v. Pfizer, 06 Civ. 9952 (SDNY), which is a lawsuit pending in federal court in New York that challenges Pfizer's failure to pay pharmaceutical representatives overtime. Over 1,000 Pfizer representatives have already joined the suit. Until July 2010, this case was stayed pending an appellate court ruling in a similar case against Novartis. In July 2010 the appellate court in that case ruled that Novartis pharmaceutical representatives are protected by the Fair Labor Standards Act and thus entitled to overtime. As a result of that ruling, this case has been reactivated.
For a copy of that decision and more information on this case, go to www.pfizerovertime.com. While the deadline to file a Consent to Join form to become part of this case is April 21, 2011, we urge you to file one now because the statute of limitations may be running on your claims.
Federal Court Permits Family’s Claim for Man Who Died from Untreated Alcohol Withdrawal to Proceed
January 13, 2011 - Judge Buchwald of the Southern District of New York permitted the lawsuit on behalf of the family of Oswald Livermore to proceed and denied, in part, defendants’ motion for summary judgment. Mr. Livermore died while incarcerated on Rikers Island due to untreated alcohol withdrawal. Jonathan Abady, Katie Rosenfeld, and Debra Greenberger of ECBA, along with Jonathan Chasan and Mary Lynne Werlwas of the Legal Aid Society represent Ms. Livermore.
Katherine Rosenfeld and Elizabeth S. Saylor Named Partners
January 1, 2011 – ECBA elected Katherine Rosenfeld and Elizabeth S. Saylor as partners. Ms. Rosenfeld joined ECBA in 2004 after being an associate at Koob & Magoolaghan, where her practice focused on prisoners’ rights and employment discrimination litigation. She clerked for the Hon. Dean D. Pregerson on the United States District Court for the Central District of California. Ms. Rosenfeld received her B.A., with honors, from the University of Chicago and her J.D. from Yale Law School, where she was a student director of the Community Legal Services Clinic. Prior to practicing law, Ms. Rosenfeld worked for several years as a court advocate for a domestic violence agency, providing legal services to battered women.
Ms. Saylor joined the ECBA in 2006. Prior to joining ECBA, Ms. Saylor worked at The Legal Aid Society, where she began as a Skadden Fellow, and represented victims of domestic violence in a variety of cases, including a class action that successfully challenged the systematic denial of public benefits to immigrants. For her work on the case, Ms. Saylor was named one of the 21 Leaders of the 21st Century by Women’s eNews. She clerked for the Hon. Robert D. Sack on the Second Circuit Court of Appeals. Ms. Saylor received her B.A., summa cum laude, from Amherst College and her J.D., magna cum laude, from Harvard Law School, where she received the Sears Prize, awarded to the two second-year students with the highest GPAs. Ms. Saylor spent her law school summers at NOW Legal Defense and Education Fund (now called Legal Momentum), Debevoise & Plimpton, and Massachusetts Law Reform Institute.
ECBA and Others Win Victory Against Major Debt Collectors
December 29, 2010 - ECBA, along with the Neighborhood Economic Development Advocacy Project (NEDAP) and MFY Legal Services, Inc., won a significant victory against major debt collection agencies in a suit alleging fraudulent debt collection practices. These practices include “sewer service”, where a debt collector files a false affidavit with the court claiming they served someone with a legal complaint. When the person does not show for court, the debt collector obtains a judgment against them and targets the individual for payment. In a published opinion, Sykes et al. v. Mel Harris and Associates, LLC, et al., __ F. Supp. 2d. __ 2010 WL 539571 (S.D.N.Y 2010), denying in part the debt collectors motion to dismiss, Judge Denny Chin held that the complaint alleged valid claims under the Fair Debt Collections Practices Act, civil RICO, and New York state law. ECBA attorneys Matthew D. Brinckerhoff and Eisha Jain represent plaintiffs in this litigation.
A New York Times article discussing the Complaint can be found here.
ECBA Files Suit against Suburban Town Alleging Race and National Origin Discrimination in Housing Programs
December 16, 2010 - ECBA attorneys filed a lawsuit in federal court alleging that the predominantly white Town of Yorktown in Westchester County operates its Section 8 housing voucher and other affordable housing programs in a manner that discriminates against African Americans and Latinos. The Complaint alleges that the town applies a local residency preference to give federally funded vouchers primarily to white Town residents at the expense of non-white County residents. The Complaint also alleges that the Town discourages non-whites from applying to its housing programs and periodically closes its waiting list to non-residents while permitting residents to continue to apply. Zoe Salzman and Diane L. Houk of ECBA represent the plaintiff in the case.
To read more about the suit, click here.
ECBA Files Amicus Brief In US Supreme Court On Behalf of Civil Rights and Civil Liberties Groups in “Reverse Fee Shifting” Case
December 2010 - Representing a coalition of civil rights and civil liberties groups including the American Civil Liberties Union, ECBA filed an amicus curiae brief in the United States Supreme Court arguing against the practice of requiring civil rights plaintiffs to pay defendants’ attorneys fees (so-called, “reverse fee shifting”) where some of their claims are found frivolous, but others survive. The case, Fox v. Vice, involved claims that an elected sheriff used law-enforcement powers to intimidate a political opponent. The amicus brief was authored by ECBA’s Andrew G. Celli, Jr., Andrew Wilson, and Debra Greenberger.
Sam Shapiro Joins ECBA
October 2010 - Sam Shapiro joined the firm in October 2010. Previously, Mr. Shapiro worked at the Geneva Academy of International Humanitarian Law and Human Rights and the International Organization for Migration in Geneva. He also served as a Fellow for Global Rights in Pointe Noire, Republic of Congo, documenting economic and social rights abuses caused by the exploitation of natural resources.
Mr. Shapiro received his B.A. from Northwestern University in 2004 and graduated cum laude from Georgetown University Law Center in 2008. While in law school, he served as a senior editor on the Georgetown Journal of International Law and worked at the International Labor Rights Fund in Washington, DC, a nonprofit advocacy organization focusing on the promotion of workers’ rights in the global economy. During his time in law school, Mr. Shapiro also worked at Human Rights Watch in New York City, an international non-governmental organization working to secure basic human rights worldwide.
ECBA Files Suit against City For Employees’ Sexual Assault of Transgender Prisoner
September 22, 2010 -- As reported in the New York Times, on September 22, 2010, ECBA filed a lawsuit in the Southern District of New York against the City of New York, the New York City Health and Hospitals Corporation, and several municipal employees on behalf of Andrea Williams, a transgender woman who was sexually assaulted twice by City employees while in the custody of the New York City’s Department of Correction. Ms. Williams was first assaulted by Carl Wiley, an aide at Bellevue Hospital, who has already been convicted of that crime.
Two months later, she was sexually assaulted by Corrections Officer Roberto Morales at Rikers Island, even though she had reported Morales’s sexual harassment to City officials prior to the attack. Morales has been indicted on felony charges. The lawsuit includes claims for assault and battery, cruel and unusual punishment, deliberate indifference, and negligence. Ms. Williams’ experience is reflective of the abuse that transgender prisoners in New York, and across the country, face on a daily basis.
Ms. Williams is represented by Anthony Cecutti and ECBA attorneys Ilann Maazel and Adam Pulver. The case is Williams v. City of New York, et al., S.D.N.Y. No. 10-cv-7302. For more on the case, see “Guard Held in Sexual Attack on Transgender Inmate,” http://tinyurl.com/2wkf3re
ECBA Files Suit on Behalf of Minor Political Parties Challenging New York State Election Law
September 14, 2010 – ECBA filed suit on behalf of the New York State Conservative Party, along with co-counsel the Brennan Center for Justice at NYU School of Law representing the Working Families Party, challenging the constitutional of how New York counts so-called “double votes,” which occur when a person votes for a candidate on more than one party line. State law presently requires that double votes be counted only for the major party (almost invariably the Republicans or the Democrats) and not for the minor party. http://tinyurl.com/25qotmz
Disabled Riders Challenge MTA’s Transit Cuts
August 17, 2010 - Mobility impaired transit riders filed a lawsuit against the MTA and New York City Transit challenging the city-wide cuts to bus lines that began on June 27, 2010. The suit alleges that these service reductions have left the City’s disabled riders without public transportation service comparable to that provided to non-disabled people, in violation of their rights under the Americans with Disabilities Act. So far the cuts have eliminated 89 bus lines, forcing many New Yorkers to find alternative means of transport and stranding those who are unable to take the subway or walk to farther bus stops. Plaintiffs are represented by ECBA, together with South Brooklyn Legal Services and the New York Legal Assistance Group.
Federal Judge Permits Race Discrimination Case against Two Bronx Housing Cooperatives to Proceed
August 13, 2010 - In a race discrimination case filed by ECBA on behalf of a non-profit fair housing organization, Federal District Court Judge Paterson found that the organization had standing to bring the lawsuit. The organization is challenging two Throgs Neck housing cooperatives' use of a three-shareholder reference requirement as a condition of becoming a shareholder. The Court found that the plaintiff's Complaint sufficiently alleged both intentional race discrimination and discrimination based on disparate impact. The plaintiff is represented by Diane L. Houk.
To read the Order, click here.
Fifth Circuit Affirms Judgment Dismissing Roger Clemens’ Defamation Claim Against Trainer Brian McNamee
August 12, 2010 - The United States Court of Appeals for the Fifth Circuit affirmed the judgment of the District Court for the Southern District of Texas, finding baseball player Roger Clemens could not sue Brian McNamee, his former trainer, for defamation in Texas. Richard Emery and Debra Greenberger of ECBA, along with Earl Ward and David Miller, represent Mr. McNamee. The Fifth Circuit subsequently denied Clemens’ petition for rehearing en banc.
For more information see: http://tinyurl.com/3myuqt3
ECBA Wins Dismissal of Lawsuit on Behalf of Synagogue
July 20, 2010 – ECBA successfully defended the Community Synagogue Center from a lawsuit seeking to set aside the Synagogue’s election of officers and trustees. The court held that the petitioners were not entitled to vote in the Synagogue’s election under New York Religious Corporations Law and lacked standing to challenge the election. ECBA lawyers Richard Emery, Ilann Maazel, and Eisha Jain represented the Synagogue.
ECBA Files Amicus Brief In New York Court of Appeals On Behalf of the American Psychological Association in “Wrongful Conviction” Case
July 2010 – Representing the American Psychological Association (“APA”), ECBA filed an amicus curiae brief in the New York Court of Appeals presenting the outcomes of research on why innocent people confess to crimes that they did not commit. The case, Warney v. State of New York, involved a man with low IQ and AIDS-related dementia who falsely confessed to murder after intense questioning by police. The man was later exonerated by DNA evidence. ECBA’s Andrew G. Celli, Jr. and Debra Greenberger worked with APA’s Nathalie Gilfoyle to author the brief.
Zoe Salzman Joins ECBA
June 1, 2010 - Zoe Salzman joined the firm in 2010. Prior to joining the firm, Ms. Salzman clerked for the Hon. Sterling Johnson, Jr. in the Eastern District of New York and worked with the International Human Rights Clinic at NYU School of Law.
Ms. Salzman graduated magna cum laude from NYU School of Law in 2007. She received her LL.M. from NYU School of Law in 2008. In law school, she was a Senior Notes Editor for the Journal of International Law & Politics. She spent her law school summers with the New York Legal Assistance Group, the Brennan Center for Justice, and the International Criminal Tribunal for the former Yugoslavia.
Adam R. Pulver Joins ECBA
May 4, 2010 - Adam R. Pulver joined the firm in May 2010. Prior to joining the firm, Mr. Pulver served as a law clerk in the United States District Court for the Central District of California in Los Angeles and Riverside, California, for the Honorable Christina A. Snyder, Stephen G. Larson, and Virginia A. Phillips. He has also previously worked at Altshuler Berzon LLP, a union-side labor law firm in San Francisco; a New York Lawyers for the Public Interest, a civil rights non-profit; and the ACLU LGBT Rights and HIV/AIDS Projects.
In 2008, Mr. Pulver received a J.D. from Columbia Law School, where he was a James Kent Scholar and Dean’s Public Interest Law Fellow and was awarded the Allan Morrow Award for excellence in gender and sexuality law. While at Columbia, Mr. Pulver was an active member of the public interest community, serving as Vice President of the Columbia Public Interest Law Foundation and as Student Coordinator for Columbia’s participation in the City Bar Justice Center’s Legal Clinic for the Homeless. He participated in the Sexuality and Gender Law Clinic, directed by Professor Suzanne Goldberg, through which he successfully represented a gay prisoner alleging discrimination in the parole process in a lawsuit brought in the District of Massachusetts. He also served as Executive Editor of the Columbia Journal of Law and Social Problems, and externed for the Honorable Gerard E. Lynch, then United States District Judge for the Southern District of New York.
Prior to law school, Mr. Pulver worked in a variety of capacities relating to children’s health.
ECBA Wins Contempt Victory against City of New York for Enforcing Unconstitutional Loitering Laws
April 26, 2010 - ECBA, along with co-counsel The Bronx Defenders, today prevailed on its motion to hold the City of New York in contempt of court. Acting through the NYPD, the City had continued to enforce void and unconstitutional loitering laws decades after these laws were struck down by courts. Ruling on plaintiffs’ motion, Judge Shira A. Scheindlin of the Southern District of New York held: “The city’s obstinance and uncooperativeness throughout the present actions is offensive to the rule of law. The human toll, of course, has been borne by the tens of thousands of individuals who have, at once, had their constitutional rights violated and been swept into the penal system.” Judge Scheindlin ruled that following a six-month grace period, the City would be subject to progressively larger fines for continued enforcement of the void laws. ECBA lawyers Katherine Rosenfeld and Matthew D. Brinckerhoff represent the plaintiffs, along with J. McGregor Smyth Jr. of The Bronx Defenders.
For more information on the decision, go to: http://tinyurl.com/24tbr8f
New York City to Pay $33 Million in Damages for Illegal Strip Searches
March 23, 2010 - New York City has agreed to pay $33 Million in money damages to approximately 100,000 pretrial detainees arraigned on misdemeanors and lesser offenses who were illegally strip searched at admission to a City jail between 1999 and 2007, even though there was no reason to believe they were concealing drugs or contraband. These humiliating 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. Those illegally strip searched were being held on minor offenses – such as jumping turnstiles, failing to pay child support, shoplifting, and trespassing – and there was no reason to believe they were concealing drugs or contraband.
The March 16, 2010 settlement, which the Court preliminarily approved today, provides for monetary awards, with a maximum amount of $2900, for those pretrial detainees strip searched during the initial admission process to a New York City Department of Corrections (“DOC”) facility between July 15, 1999 and October 4, 2007. Richard D. Emery, lead attorney for the class, said: “We are pleased that this serious deprivation of rights has been redressed for the tens of thousands of people who suffered these humiliating strip searches. We hope in some small way these damage awards will stand for some semblance of justice for these victims.”
The Court preliminarily approved the settlement today. In approximately three months, notice and a claim form will be sent to all 100,000 persons in the class. Class members must return the claim form to be eligible for payment. Persons who think they are in the class may call 800-760-5508 or go to http://nycstripsearch.com for more information and to ensure that we have their current address. A copy of the March 16, 2010 settlement, as well as the prior injunction settlement, may be found at http://nycstripsearch.com. Press may contact Richard D. Emery, Mariann Meier Wang, or Elizabeth S. Saylor at 212-763-5000 for more information.
To view the full press release in English and Spanish, click here. To view the New York Times article, click here.
ECBA Files Suit on Behalf of Inhabitants off the Amazon Region of Ecuador
January 14, 2010 - ECBA filed suit in federal court on behalf of approximately 30,000 inhabitants of the Amazon region of Ecuador in an effort to hold Chevron accountable for what some experts consider the world’s worst oil-related contamination — a disaster so severe it has been referred to as the “Rainforest Chernobyl.” Plaintiffs’ Complaint alleges that, for some 26 years, Chevron systematically and deliberately discharged approximately 16 billion gallons of toxic “formation water” into the Amazon rainforest in Ecuador, one of the most pristine and biologically diverse ecosystems on the planet, resulting in environmental destruction and a human catastrophe on a massive scale.
For more information, see the Complaint and this Press Release.
Eisha Jain Joins ECBA
January 4, 2010 - Eisha Jain joined the firm on January 4, 2010. Previously, she clerked for Judge Walter K. Stapleton on the Third Circuit Court of Appeals. She has also worked at the Thomas Jefferson Center for the Protection of Free Expression in Charlottesville, Virginia, and at Bredhoff & Kaiser, a union-side labor law firm in Washington, D.C.
Ms. Jain received her J.D. from Yale Law School in 2007, where she was a director of both the Advocacy for Children & Youth Clinic and the Immigration Legal Services Clinic. She served as an executive editor for the Yale Human Rights & Development Law Journal and as an editor of the Yale Journal of International Law, and also served on the board for the Initiative for Public Interest Law. Her scholarship on employment discrimination law was awarded the Yale Law Journal’?s Michael Egger Prize. Ms. Jain worked as a torts teaching assistant for Professor Jules Coleman, and as a research assistant for Professor Amy Chua. She spent her law school summers interning at a human rights organization in Mumbai, and working in private practice in Washington, D.C.
O. Andrew F. Wilson Elected ECBA Partner
January 1, 2010 - ECBA has elected O. Andrew F. Wilson partner. Mr. Wilson represents clients in commercial and civil rights matters. His commercial practice has included securities fraud, contract, antitrust, intellectual property, and merger litigation. His civil rights practice has included First and Fourth Amendment litigation, employment discrimination, constitutional litigation, children’s rights, and political asylum.
Mr. Wilson joined the firm in 2005. He received his B.A. from Harvard College in 1996, where he graduated magna cum laude, received the John Harvard Scholarship, Bowdoin Prize for English Composition and Barbara Miller Solomon Prize. He received his L.L.B. from the University of Toronto where he was a Senior Editor of the Law Review, and received the Lang Michener Prize in Property Law. Mr. Wilson was an associate at Simpson Thacher and Bartlett LLP. He clerked for the Hon. Harold A. Ackerman of the District of New Jersey. Mr. Wilson has also worked at Tory Tory DesLauriers & Binnington in Toronto, at the World Health Organization in Geneva, and at Profamilia Legal Services in Bogota. He is a director of Equitas.
ECBA and Others File Lawsuit against Major Debt Collectors
December 28, 2009 - ECBA, along with the Neighborhood Economic Development Advocacy Project (NEDAP) and MFY Legal Services, Inc., filed a class action lawsuit against major debt collection agencies for fraudulent debt collection practices. These practices include "sewer service", where a debt collector files a false affidavit with the court claiming they served someone with a legal complaint, when the person does not show for court, the debt collector obtains a judgment against them and targets the individual for payment. In 2006 alone, Mel S. Harris, one of the defendants in this lawsuit, filed more than 100,000 debt collection lawsuits in New York City. To read the full press release, click here.
ECBA Wins On Behalf of the Veronica Atkins Marital Trust
December 4, 2009 - The Veronica Atkins Marital Trust, a $400+ million trust set up from the Estate of Dr. Robert Atkins of "Atkins Diet" fame to fund certain charitable endeavors and to provide for Dr. Atkins's' widow, Veronica Atkins Mersentes, during her lifetime, won an important victory when Justice O. Peter Sherwood of the Supreme Court of New York County ordered Ms. Mersentes to repay more than $9 million she had borrowed from the Trust to purchase an apartment in the Time Warner complex in Manhattan. The Court granted summary judgment in favor of the Marital Trust, and rejected Ms. Mersentes's effort to transfer the case to the Surrogate's Court. In addition to ordering repayment of the loan with statutory interest, the Court ordered Ms. Mersentes to pay attorneys' fees and interest in connection with the action. Andrew G. Celli, Jr. and Sarah Netburn represented the Veronica Atkins Marital Trust. To read the full decision by Justice Sherwood, click here.
Maazel and Saylor Receive 2009 Legal Services Pro Bono Leader Awards
December 4, 2009 - Legal Services NYC recognized ECBA attorneys Elizabeth Saylor and Ilann M. Maazel for their successful representation of two victims of a deed theft scam in Staten Island. ECBA and Legal Services together brought suit in federal court on behalf of the couple, ultimately securing a settlement that saved the couple's home.
Diane L. Houk Named ECBA Special Counsel
October 26, 2009 - Diane L. Houk has joined the firm as Special Counsel. Ms. Houk is one of the country’s leading fair housing attorneys and will be focusing her work at the firm on housing discrimination cases. Most recently, Ms. Houk was Executive Director of the Fair Housing Justice Center in New York City from 2004-2009. Prior to that, she served as Special Litigation Counsel in the Housing & Civil Enforcement Section of the Civil Rights Division of the U.S. Department of Justice and was in private practice in Milwaukee, Wisconsin. Ms. Houk is a graduate of Columbia Law School where she currently co-teaches the Housing Discrimination seminar.
ECBA Wins Unconstitutional Strip Search Claim
August 17, 2009 - As reported in the New York Law Journal, Judge Gerald Lynch ruled in favor of ECBA's claim that the New York City Department of Correction has been illegally strip searching inmates at Rikers Island who have been arrested for misdemeanor drug and weapons charges from 1999 to October 2007. The decision grants class certification and rules that the City cannot strip search those misdemeanants entering the jail with drug and weapon misdemeanor charges without reasonable suspicion they are concealing contraband. In 2007, City conceded that it illegally strip searched those detainees with non-weapon and drug misdemeanors and agreed to pay money damages to those affected. To view the full decision by Judge Lynch, click here. To view the New York Law Journal article, click here.
ECBA Represents State Senator Malcolm A. Smith in Fight Over Temporary President Post
June 2009 - ECBA lawyers filed suit on behalf of State Senator Malcolm A. Smith in a case challenging State Senator Pedro Espada Jr.'s claim to have been lawfully elected the Temporary President of the New York State Senate. The case grew out of an attempted takeover of the Chamber by Senate Republicans acting in concert with two Senators who defected from the Democratic Caucus. The gravamen of the case, Smith v. Espada, is that Senator Smith was duly elected Temporary President of the Senate in January 2009, and that Senator Espada's purported election as Temporary President was invalid because it violated well-established state constitutional principles and Senate Rules. At stake was control over the Senate Chamber and the post of Temporary President; the Temporary President controls the flow of legislation to the floor of the Chamber and, under the state constitution, serves as Lieutenant Governor in the event of a vacancy in that post. In addition to Smith v. Espada, ECBA lawyers handled or were involved in the related cases of Paterson v Adams et al., Winner v. Aponte, and DiNapoli v. Espada and Smith. Senator Smith was represented by ECBA attorneys Andrew G. Celli, Jr., Richard Emery, Ilann Maazel, and Elora Mukherjee.
ECBA Files Lawsuit On Behalf of 13-Year-Old Boy Killed By a New York State Employee
February 12, 2009 - ECBA filed a federal civil rights lawsuit on behalf of the parents of Jonathan Carey, a 13-year old boy who was brutally killed by a New York State employee two years ago. The lawsuit alleges that Jonathan’s death was the result of an institutional failure at OD Heck, a New York State facility for the disabled, where Jonathan had resided. The lawsuit is currently pending in the Northern District of New York. Ilann Maazel and Elora Mukherjee represent the Carey family. Details about the case are available here.
Sarah Netburn Named ECBA Partner
January 1, 2009 - Sarah Netburn joined the firm in 2002. Ms. Netburn is a commercial and civil rights litigator. In her commercial practice she represents corporations and individuals in contract disputes, employment matters, media law and administrative investigations. In her civil rights practice, she represents non-profit organizations and individuals in election law and ballot access cases, First and Fourth Amendment litigation, and cases involving official misconduct. The Legal Aid Society awarded her its Pro Bono Publico Award in 2004 and 2005. Ms. Netburn was a law clerk to the Hon. Harry Pregerson of the Court of Appeals for the Ninth Circuit. She was graduated from the UCLA School of Law and is a member of the Order of the Coif. She received her B.A. from Brown University.
ECBA Wins Dismissal of $45 Million Case Brought By Donald Trump
December 23, 2008 - Justice Cahn granted ECBA's motion to dismiss Donald Trump's lawsuit in Manhattan Supreme Court against ECBA's client, Crescent Heights. Trump's company, Trump Marks, sought over $45 million from Crescent in connection with a real estate development in Tel Aviv. The Court, however, dismissed the case in its entirety. Richard Emery, Ilann Maazel, and Debbie Greenberger represented Crescent Heights in the litigation.
ECBA Sues ACS On Behalf of Estate of Toddler
November 6, 2008 - ECBA filed suit yesterday against the New York City Administration for Children's Services on behalf of the Estate of Hailey Gonzalez, a two-year-old girl who was killed by her mother's boyfriend in August 2007 while ACS was under court order to supervise her home. The suit alleges that ACS ignored a mountain of evidence that Hailey's mother repeatedly placed herself and her children in extremely dangerous domestic violence situations - including evidence that the mother's first child was removed from her care because the father was an abuser, evidence that Hailey's father beat her severely when her mother left her alone with him during a violent episode, and evidence that the man who ultimately killed her was unstable and prone to violence. ECBA attorney Eric Hecker represents Hailey's Estate. Click here to view a copy of the Complaint.
ECBA Wins Landmark Voting Rights Case in Pennsylvania
October 29, 2008 - Chief Judge Harvey Bartle III of the Eastern District of Pennsylvania announced a landmark ruling that will help ensure that Pennsylvania citizens are able to vote in the election on November 4, 2008. ECBA, along with the Public Interest Law Center of Philadelphia and Voter Action, filed the lawsuit just days earlier on behalf of the NAACP State Conference of Pennsylvania, the Election Reform Network, and individual voters. After holding an eight hour hearing on October 28, 2008, Judge Bartle ruled in plaintiffs’ favor that paper ballots must be made available to voters when 50% or more of the voting machines in a precinct fail. Without the ruling, a number of factors – including the record number of newly registered voters in Pennsylvania and a high likelihood of electronic voting machine failures – would have resulted in the disenfranchisement of hundreds, if not thousands, of citizens. The Pennsylvania officials named as defendants do not intend to appeal the landmark ruling. ECBA lawyers Jonathan S. Abady, Andrew G. Celli, Jr., Ilann M. Maazel, Eric Hecker, Elora Mukherjee, Elizabeth Saylor and Kennisha Austin, as well as paralegals Kelly Stefanco and Mary Kuder, together with lawyers from VoterAction and the Center for Public Interest Law in Philadelphia, represented the plaintiffs. This victory has been reported nationwide. For the Washington Post's coverage, click here. Click here for video coverage of the case presented by the American News Project.
ECBA Wins Jury Verdict against Two Police Officers
October 14, 2008 - A federal jury in Brooklyn found two police officers from the 103d Precinct in Queens - Adam Jangel and Michael Hoehl - guilty of hitting Harwinder Vilkhu repeatedly in the groin with a flashlight after Mr. Vilkhu simply asked one officer for his name and questioned why he was being mistreated. After being hit, Mr. Vilkhu was left at the scene to be picked up by an ambulance and brought to a local hospital. One month after they hit Mr. Vilkhu, Jangel and Hoehl hit another man with a flashlight in the head when he questioned why they were stopping him. Jangel and Hoehl testified at trial that they never hit Mr. Vilkhu or used force against him. The jury resoundingly rejected their stories, finding that both officers used excessive force against Mr. Vilkhu and awarding him $20,000 in compensatory damages. Lead attorney from ECBA, Mariann Wang, stated, "When police officers beat someone for no reason other than to abuse and humiliate a citizen who is asking them questions, then we are all threatened. Because then anyone of us could be abused by officers who are unrestrained by the rules anytime, anywhere."
City Pays $2 Million to Peaceful Demonstrators; Major Victory for Free Speech Rights
August 19, 2008 - As reported in the New York Times, Daily News, The New York Post, and other major news sources, ECBA announces the settlement of over $2 million in a civil rights case representing 52 individuals who were falsely arrested in 2003 at an anti-war demonstration. This settlement follows more than four years of litigation, which revealed that NYPD officers arrested dozens of people who had lawfully gathered on a midtown sidewalk on April 7, 2003 to express their opposition to the Iraq War and those who stood to profit from it. ECBA lawyers Matthew Brinckerhoff, Mariann Wang and Sarah Netburn were joined by lawyers from the Center for Constitutional Rights as counsel for the plaintiffs. Click here for copies of the press release.
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.
ECBA's Brief for Brian McNamee Called "Work of Art"
July 2, 2008 - ECBA moved to dismiss Roger Clemens's amended complaint, or in the alternative to transfer venue, on behalf of Brian McNamee, Mr. Clemens' former trainer. Lester Munson, ESPN.com Senior Investigative Reporter, called the ECBA brief, an"absolute work of art," explaining that he reads such briefs on a "regular basis." Click here to watch the video. Richard Emery represents Mr. McNamee along with Earl S. Ward and Debbie Greenberger and David Miller, of Houston, Texas.
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" encounters 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 New York Times 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.
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, leaving 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 Millennium Hotel asking for the transceiver 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.
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.
Abady Named in 2008 Edition of 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 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.
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.
Collective Action Filed Against Bristol-Meyers 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.
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 Harrassment & 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."
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.
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.
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 ECBA, 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 violent 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 here.
ECBA Attorneys and Staff Receive Legal Aid Society's 2005 Pro Bono Publico Awards
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.
High Line Clears Major Hurdle
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.
ECBA Files Class Action Suit Challenging Panhandling Arrests
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.
Firm Wins Historic $4.8 Million Settlement for Housing Works
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.
Abady, Maazel, Netburn, Rosenfeld, and Schwartz Receive the Legal Aid Society's 2004 Pro Bono Publico Awards
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.
ECBA Successfully Challenges Nevada Secretary of State's Decision to Disqualify Ballot Initiative
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.
Andrew Celli Named in the American Lawyer for his "Major Role" in $7.25 Million Con Edison Electrocution Wrongful Death Settlement
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.
ECBA Successful in Ensuring Early Voting for African-Americans in Volusia County, Florida
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.
ECBA Represents Starved New Jersey Foster Children
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.
Federal Lawsuit Filed for Strip Search for Four Fourth-Grade Children in Public School
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.
ECBA Represents Newsdealers in New York Supreme Court
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.
Class Action on Behalf of Hundreds of New York City Disabled Preschool Children
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.
Emery and Celli Appointed
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.
