On March 1, 2017, the United States filed a housing discrimination suit on behalf of several ECBA clients against Bedford Development LLC, Carnegie Construction Corp., Jobco Inc., Robert Pascucci, and Warshauer Mellusi Warshauer Architects, P.C. The complaint alleges that these defendants failed to design and construct Sutton Manor condominium in Mount Kisco, New York, in a manner accessible to persons with disabilities. ECBA represents several disabled residents who purchased units at Sutton Manor based on the false promise of an accessible home to live in post-retirement. This suit originates from complaints ECBA filed on behalf of these residents with the Department of Housing and Urban Development. They are represented by Diane L. Houk and Jessica Clarke of ECBA.
The proposed settlement in the Trump University lawsuit came under attack today. One of the victims in the fraud and racketeering case against Donald J. Trump, pending before Hon. Gonzalo P. Curiel in San Diego federal court, objected to the proposed class action settlement. In her filing, class member Sherri B. Simpson pointed out that class members were promised, in writing, that they would receive an opportunity “to be excluded from any settlement” and take their own claims to trial against Mr. Trump. And yet, her objection notes, the settling parties signed a settlement agreement that provides class members may not opt out. Ms. Simpson’s objection asks Judge Curiel to enforce the promise and allow her – and any other victims who choose to pass on the proposed deal – to proceed to a fraud and racketeering trial against Mr. Trump.
Ms. Simpson is clear on what she is seeking: “We are now asking Judge Curiel to hold the parties to their promises and let victims decide if they want to settle with Mr. Trump or take their individual cases to trial. It’s a matter of fairness and of due process. People deserve their day in court. That’s why I filed the objection.”
ECBA attorneys Andrew Celli and Ilann Maazel represent Sherri Simpson along with Gary Friedman of Friedman Law Group and Markun Zusman Freniere & Compton LLP in California.
The State of New York has paid $3 million to the family of a developmentally disabled boy who was repeatedly sexually assaulted and abused by an employee at the State-run group home near Utica where he lived. The abuse took place over multiple years, and was discovered after photos and videos the abuser, Steven DeProspero, had made of the assaults were found on his computer. DeProsepero is currently incarcerated under both state and federal convictions for crimes related to the abuse.
Emery Celli Brinckerhoff & Abady filed an amicus brief on behalf of four veterans organizations, Vets for American Ideals, Vote Vets, Common Defense, and No One Left Behind. The brief was filed in the pending case Darweesh, et al. v. Trump, et al. (E.D.N.Y.), which challenges President Trump’s Executive Order banning immigrants from seven majority-Muslim nations. Based on their experience fighting on the front lines against ISIS and other U.S. enemies, these veterans argue that the ban is contrary to the American ideals they fought for, will make it more difficult for their fellow American soldiers to recruit essential local allies in Iraq and in other Muslim countries, and will be a powerful propaganda tool for our enemies that will make the work of deployed American soldiers more difficult and more dangerous. The brief was written by ECBA partners Matthew D. Brinckerhoff, Elizabeth S. Saylor, and Zoe Salzman.
Emery Celli Brickerhoff & Abady joined activist group Free Speech for the People to ask the New York Attorney General to shut down the Trump Organization for serial violations of state law. As the Washington Post reported, the groups argue in a 24-page letter that “the combination of past legal abuses and current conflicts of interests constituted such a pattern of corporate misbehavior that the attorney general ought to revoke the company’s charter.” The letter states: “By continuing to operate under Trump family ownership and control with President Trump in the White House, the Trump Organization flagrantly abuses its state-granted powers, contrary to the public policies of New York against corruption and conflicts of interest, and contrary to the U.S. Constitution.” Attorney General Eric Schneiderman’s office said he would review the letter. ECBA partners Jonathan Abady and Andrew G. Celli, Jr. are working on this matter.
Click here to read the letter in full, and click here to read WNYC’s coverage of the effort.
The Bronx Supreme Court granted ECBA’s motion for class certification of a case challenging New York City’s practice of imprisoning people at Rikers Island based on requests by federal immigration authorities prior to December 21, 2012. The case, Onadia v. City of New York, 0300340/2010, alleges that the City had no basis to imprison the thousands of class members who were held for days and even weeks past their scheduled release date based on these immigration requests. For more information see the New York Law Journal’s coverage; you can also read the decision here. The class is represented by ECBA attorneys Matthew Brinckerhoff and Debbie Greenberger and co-counsel Ameer Benno.
The Washington Post published an opinion piece by ECBA partners Jonathan Abady and Ilann Maazel about the Jill-Stein-sponsored and ECBA-led recount effort in Wisconsin, Michigan, and Pennsylvania. They urge Americans not to “ignore the lessons of the past weeks and preserve the status quo that is our broken voting system.”
In the first ever legal effort to challenge election results in multiple jurisdictions for a Presidential contest in the United States, ECBA is representing Jill Stein and her campaign in election integrity efforts and attempts to obtain recounts in three states: Michigan, Wisconsin, and Pennsylvania. Stein filed petitions for recount in Michigan and Wisconsin, and mobilized voters to seek recounts in Pennsylvania. ECBA has litigated various state and federal actions to pursue those recount requests. The most recent information and filings concerning the rapidly-changing developments in the three states are available here for Pennsylvania, here for Michigan, and here for Wisconsin.
On November 16, 2016, ECBA submitted an amicus curiae brief on behalf the Asian Americans Advancing Jusice ǀ AAJC and other civil rights and advocacy groups in Lee v. Tam, a first-amendment and trademark case pending before the Supreme Court.
Tam, the Respondent, is the leader of a band called, “The Slants”—a racially derisive term referring to Asian Americans. Tam has stated that his use of “The Slants” is an effort to reclaim that term. Nevertheless, his trademark application for the name was rejected under a section of the trademark law that prohibits registration of derogatory marks. The Supreme Court will consider whether that section is facially invalid under the Free Speech Clause of the First Amendment.
Though not submitted in support of either the Respondent or the Petitioner, the amicus curiae brief represents the interests of a coalition of groups whose constituents are harmed by the dissemination of racial slurs. The brief sheds light on the complicated nature of the inquiry before the Court, the free speech interests on both sides, and the power and difficulties of reclamation efforts. ECBA attorneys Daniel Kornstein and Alanna Small worked on the brief. You can read the brief here.