Andrew Wilson has been selected to serve as Co-Chair of the Civil Rights Litigation Committee for the American Bar Association. With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. The latest ABA news can be found at www.americanbar.org/news and on Twitter @ABANews.
A federal appellate court has upheld ECBA’s clients’ request to obtain discovery in aid of foreign proceedings under 28 U.S.C. s. 1782. In a victory that further defines the contours of the statute, the decision holds for the first time in the Second Circuit that (1) a victim complainant can obtain documents for use in a foreign criminal prosecution, regardless of whether the victim is seeking reparations; and (2) documents obtained for use in one foreign proceeding may be used in other foreign proceedings, absent a contrary court order from the 1782 court. The applicants were represented by ECBA attorneys Dan Kornstein, O. Andrew F. Wilson, and Doug Lieb.
The New York Attorney General announced a settlement agreement with the German American Settlement League (“GASL”), to continue reforms achieved in a previous settlement obtained by ECBA. The GASL, a membership-based nonprofit, was alleged to have excluded non-whites from purchasing homes in its Long Island community since the late 1930s. The new AG settlement includes changes to GASL’s membership policies, the replacement of its President and Treasurer, and regularly reporting to the AG to demonstrate compliance. An interview with ECBA attorney Andrew Wilson concerning the two GASL settlements on CBC’s “As It Happens,” can be heard here. The entire segment is available here.
The City of New York has agreed to pay $6 million to Derrick Deacon, a man who spent over twenty years in prison for a murder he did not commit. Mr. Deacon was initially convicted in 1989 as the result of egregious misconduct by law enforcement and prosecutors. After new evidence came to light showing that Mr. Deacon was not the perpetrator, he was granted a retrial and acquitted in minutes. This suit, filed after his acquittal, challenged the official misconduct used to initially convict Mr. Deacon. The New York Daily News covered the settlement here.
Andrew Wilson moderated a Roundtable entitled “Civil Rights Litigation: Navigating Successful Pro Bono Partnerships,” on June 7, 2016. The panel explored the opportunities, challenges, and best practices for effective partnerships on pro bono litigation, particularly in the civil rights arena. The discussion was presented by the American Bar Association’s Civil Rights Litigation Committee and the panelists included: Maia Goodell, Supervising Attorney, MFY Legal Services, Inc., Edward A. Hailes, Jr., General Counsel/Managing Director at Advancement Project, Harlene Katzman, Pro Bono Coordinator at Simpson Thacher & Bartlett LLP, and Jennifer L. Kroman, Director of Pro Bono Practice, Cleary Gottlieb Steen & Hamilton LLP.
A recording of the panel may be found at the American Bar Association’s website, in early July.
A lawsuit filed by ECBA against the German American Settlement League (“GASL”) alleging racial discrimination settled this month for $175,000 and broad injunctive relief. The complaint alleged that GASL, a membership-based nonprofit, had excluded non-whites from purchasing homes in its Long Island community since the late 1930s. GASL has agreed to remove its racially restrictive membership rules and to permit advertising, open houses, and other forms of public marketing of homes for sale. Among other things, GASL Board members have agreed to attend fair housing training and to permit Long Island Housing Services to monitor its applications and organizational records for several years.
Justice Nancy Bannon of the New York Supreme Court approved the settlement in ECBA’s case challenging the decision to charge tuition at The Cooper Union. ECBA represents the Committee to Save Cooper Union (CSCU), a group of alumni, faculty, and students which filed suit in May 2014, arguing that charging tuition violated the trust established by Peter Cooper and seeking to reinstitute free tuition. After the CSCU filed suit, the New York Attorney General launched an investigation into the mismanagement of the school finances. The settlement, which includes CSCU, the Attorney General, and the school, requires the college to commit to exploring the return to free tuition; establish a free education committee on the board of trustees; increase student, alumni, and faculty representation on the board; establish the Associates of Cooper Union; and accept the oversight of an independent financial monitor.
In approving the settlement agreement, Justice Bannon wrote that the plan agreed upon “will most effectively accomplish the general purposes of Peter Cooper’s trust in the context of the present financial position of The Cooper Union.” ECBA lead attorney Richard D. Emery said: “We are extremely optimistic that within a matter of years, the vision of Peter Cooper can be once again in place.”
Read coverage of the settlement approval in The New York Times here.
Andrew Wilson published an article concerning the Supreme Court’s forthcoming consideration of Fisher v. University of Texas at Austin with the American Bar Association’s civil rights section. The article provides context for the Supreme Court’s next decision to address affirmative action in college admissions. To read the full article, click here.
Emery Celli has filed a federal lawsuit that challenges the racially discriminatory housing policies of the German-American Settlement League (“GASL”). The GASL owns Siegfried Park in Yaphank, Long Island, where, in the late 1930s, German Americans traveled to rally together in support of Nazism. Since its incorporation in 1937, the GASL has excluded non-whites from its membership, recreational programs, and summer homes in favor of new residents with German ancestry. As stated in its Constitution, one of the purposes of the GASL is to “introduce, cultivate, and propagate in every direction true Germanic culture and to cultivate the German language, customs and ideals.” The GASL requires its members “primarily” to be “of German extraction.” New members must be sponsored by a current member and accepted by a majority vote of the Board and membership. GASL membership may be extended under limited circumstances to “other national elements” only if they are sponsored by current members. The lawsuit challenges these restrictions and seeks, among other things, to amend the by GASL bylaws to allow for equal access to housing.