Emery Celli Brinckerhoff & Abady LLP
 
Appellate Work

The Firm is well known for its appellate advocacy in all areas of law, in state and federal courts of appeals, including several important victories in the U.S. Supreme Court. In the Second Circuit, the Firm has won important appellate victories for our clients in cases involving a wide variety of legal issues, including antitrust, election, First Amendment, police misconduct, and prison conditions.

  • The Firm successfully argued Morris v. Board of Estimate, a landmark case in which the U.S. Supreme Court unanimously invalidated the New York City Board of Estimate on “one person/one vote” grounds, radically altering the balance of power in New York City government.

  • The Firm represented the plaintiff in Gasperini v. The Center for Humanities, a matter involving claims for lost property that raised fundamental constitutional questions concerning the right to a jury trial. The case was heard twice in the Second Circuit Court of Appeals and once in the U.S. Supreme Court before reaching a final resolution in our client's favor. It is now taught in law schools and featured in textbooks across the country.
  • In Housing Works, Inc. v. City of New York, the Second Circuit Court of Appeals affirmed the grant of a preliminary injunction, securing the recovery of over $3 million in funding. We continue to represent Housing Works, a leading AIDS housing organization, in similar cases challenging New York City's retaliation against Housing Works for its aggressive criticism of the previous Mayor.

  • In D.D. v. New York City Department of Education, the Firm is currently appealing a decision by the District Court that could leave hundreds of disabled preschool children languishing on a waiting list for special education schooling and critical related services to which they are entitled by federal law.

  • The Firm is currently representing the children and estate of a woman who was asphyxiated in a vault while working for a financial institution in lower Manhattan. Five defendants appealed the New York State trial court’s decision denying their motions to dismiss the case.  On appeal before the Appellate Division, First Department, we prevailed on all five appeals.

  • In Rein v. Socialist People’s Libyan Arab Jamahiriya, the Firm is representing individuals whose family members were killed on Pan Am Flight 103 over Lockerbie, Scotland in 1989,  appealing a decision by the District Court denying parents and siblings a distribution from a comprehensive settlement agreement with Libya for $8 million – and potentially $10 million – per family.

  • The Firm is currently representing a West African woman in her appeal of an Immigration Court's denial of her asylum claim.  The two central issues in this appeal are whether an applicant’s past experience of Female Genital Mutilation ("FGM") grounds a current asylum claim; and whether a mother’s asylum claim can be based on the fear that her daughter would be subjected to FGM if the two are returned to a country where this practice is widespread.