Article

Trump Family’s Effort to Compel Arbitration of Fraud Case Denied

On April 8, 2020, a federal court denied the attempt of Donald Trump, his immediate family, and The Trump Corporation to compel arbitration of the fraud case pending against them in the Sothern District of New York. The case, filed in the fall of 2018, alleges the Trumps defrauded investors into purchasing memberships in a multi-level marketing scheme called ACN.  The Trumps had argued that the court should stay the fraud case in favor of individual arbitration based on agreements that the investors had signed with ACN. The court denied the motion on the grounds that the Trumps and ACN were never sufficiently connected such that the investors would have understood that any of their contractual obligations with ACN would correspond to obligations with the Trumps.

A full copy of the decision can be found here.  Reporting on the decision in Reuters can be found here and on Bloomberg Quint here.

The investors are represented by ECBA attorneys Andrew G. Celli, Jonathan S. Abady, Matthew D. Brinckerhoff, O. Andrew F. Wilson, Katherine Rosenfeld, Sam Shapiro, David Berman, and Nick Bourland.

Article

ECBA Client Files Religious Head Covering Class Action Against Yonkers

April 8, 2020 – Together with the New York chapter of the Council on American-Islamic Relations (CAIR-NY), Emery Celli Brinckerhoff & Abady LLP (ECBA), filed a class action civil rights law lawsuit in federal court seeking an injunction to block the Yonkers Police Department (YPD) from removing arrestees’ religious head coverings for mug shots and while in custody.

The lawsuit claims that the YPD maintains a policy that forces arrestees to remove their religious head coverings while in custody—sometimes for a mug shot that is kept forever, visible to anyone with access to the YPD’s records, and sometimes for no reason at all. The YPD enforces this policy against all arrestees who wear religious head coverings—even when those head coverings, like a hijab, turban, or yarmulke, leave the entire face unobstructed.

CAIR-NY and ECBA filed the lawsuit this morning in the U.S. District Court for the Southern District of New York, alleging that the YPD removal policy violates the New York State Constitution, the First Amendment to the U.S. Constitution and the Religious Land Use and Institutionalized Persons Act (RLUIPA).  As the lawsuit notes, municipalities across the country allow arrestees to retain religious head covering for their booking photos.  In addition, the New York State Department of Motor Vehicles allows applicants to retain religious head coverings for driver’s license photos; the U.S. State Department maintains the same accommodation for passport photos.

In a statement, the CAIR-NY Litigation Director, Ahmed Mohamed, said: “It is unacceptable that the City of Yonkers would cling to a policy that degrades and humiliates Muslim women, and others, by forcing them to remove their head covering against their sincerely held religious beliefs. This policy is illegal. Ms. Malkawi should be applauded for her courage to step forward and fight this unjust policy that has caused her and many others unimaginable pain and suffering.”

“The Yonkers policy is out of step with the Constitution, federal law, and a growing consensus of national law departments that all respect people’s rights to wear religious head covering,” said ECBA attorney O. Andrew F. Wilson.

“There is no legitimate need for law enforcement to remove religious head coverings for mug shots or any other purpose,” said ECBA attorney Emma L. Freeman.  “In 2020, the state should not be coercing people in its custody to violate their religious beliefs.”

Ihsan Malkawi, a practicing Muslim-American woman, brings the case on behalf of herself and others impacted by the policy.  While in the YPD’s custody, Ms. Malkawi was forced to endure a full day and night without her hijab, and was paraded uncovered past numerous strangers—many men—throughout the YPD’s facilities and while in court for her arraignment.

According to the complaint, “Yonkers Police Department (YPD) officers instructed Ihsan Malkawi . . . to remove her hijab so they could photograph her. Ms. Malkawi pleaded with them not to remove it.  She explained that her hijab—a headscarf she wears daily to cover her hair and signify modesty and devotion to the Muslim faith—is not a fashion accessory, but an essential component of her religion. The officers did not listen.  They told Ms. Malkawi—falsely—that the law required her to remove her hijab.  Distraught by this coerced violation of her religious practice, yet fearful of the legal repercussions if she did not comply, Ms. Malkawi wept while she did as she was told.”

For more information, read coverage from The Huffington Post, NBC News, Lohud and The Union Journal. Read the CAIR-NY’s press release here.

Ms. Malkawi is represented by ECBA attorneys O. Andrew F. Wilson and Emma Freeman.

Article

Class Action Seeks Release of 540 People and Changes to Protect Others Confined at Brooklyn MDC from the Novel COVID-19 Virus

March 27, 2020 — Petitioners Hassan Chunn, Nehemiah McBride, Ayman Rabadi, and Justin Rodriguez filed a class action lawsuit today against Warden Derek Edge in federal court. The case seeks the immediate release of approximately 540 people most vulnerable to succumbing to COVID-19 and a special master to oversee improvements in the conditions of confinement at Brooklyn’s federal jail, Metropolitan Detention Center (“MDC”), to combat the spread of the virus.

New York City is the epicenter of the Country’s struggle with COVID-19. The risks posed by COVID-19 to people confined in jails and prisons—in terms of transmission, exposure, and harm—are stark and alarming. For reasons beyond their control, people in jails and prisons cannot practice social distancing, control their exposure to large groups, practice increased hygiene, wear protective clothing, obtain specific products for cleaning or laundry, avoid high-touch surfaces, or sanitize their own environment. People in jails and prisons are more vulnerable and susceptible to the risks of coronavirus because they are more likely to have chronic underlying health conditions, such as diabetes, heart disease, chronic lung and liver diseases, asthma, and lower immune systems from HIV. People have limited opportunities to access medical care under normal circumstances in jails; medical facilities are limited, and as staff become sick, fewer people are present to care for those who remain confined.

The outbreak of a highly infectious, deadly virus in a closed detention setting is a disaster, calling for urgent and decisive action to protect the health of those confined in the jail, those who work there, and the medical professionals who will treat those who become infected.

The lawsuit alleges that Respondent Warden Derek Edge has not taken steps to protect Petitioners from the substantial risk of harm posed by COVID-19, nor could he under the MDC’s current conditions.  It seeks immediate relief on the grounds that every hour that Petitioners are held under these circumstances, they are exposed to the substantial risk of a COVID-19 infection, with a substantial risk of death to follow and that continuing to hold vulnerable people under these circumstances violates their Constitutional rights.

ECBA Attorneys Katie Rosenfeld, Andrew Wilson, Sam Shapiro, and Scout Katovich, together with the Cardozo Civil Rights Clinic, and Alexander A. Reinert, represent petitioners and the putative class.  To read a copy of the complaint, click here. To read coverage of the complaint and evolving crisis in the New York Times, click here.

Article

Statement of Counsel for the Former Bloomberg Staffers Who Filed a Nationwide Class Action Lawsuit Today Against Mike Bloomberg 2020

“Today our clients, three former field organizers for Michael Bloomberg’s presidential campaign who worked in Georgia, Utah, and Washington state, filed a nationwide class action lawsuit in the U.S. District Court for the Southern District of New York alleging that the campaign broke its promise to provide its field staffers the opportunity to work on the general election campaign for Mike Bloomberg 2020. The complaint speaks for itself. Although our clients would like to speak publicly about their experiences, they are potentially subject to a confidentiality and non-disparagement agreement with Mike Bloomberg 2020. We respectfully request that the Bloomberg campaign release our clients and the other field staffers from that agreement, even though it may not be enforceable.”

The field staffers who filed the suit, Alexis Sklair, Nathaniel Brown, and Sterling Rettke, are represented by Peter Romer-Friedman of Gupta Wessler PLLC, and Ilann M. Maazel and David Berman of Emery Celli Brinckerhoff & Abady LLP.

To learn more, visit our website here.

Read coverage by The New York Times, Politico, Huffington Post, and Axios.

Contacts:

Peter Romer-Friedman, Principal, Gupta Wessler PLLC,
peter@guptawessler.com

Ilann M. Maazel, Partner, Emery Celli Brinckerhoff & Abady LLP,
imaazel@ecbalaw.com

Article

ECBA, Legal Aid File Civil Rights Lawsuit on Behalf of Client who was Illegally Shackled During Labor and After the Delivery of Her Son

On March 12, 2020, ECBA and co-counsel the Legal Aid Society filed a lawsuit against the City of New York and several NYPD officers on behalf of an anonymous woman, “Jane Doe,” who was arrested and shackled when she was forty weeks and two days pregnant. The minor charges on which Ms. Doe was arrested were ultimately dismissed.

NYPD officers forced Ms. Doe to labor alone in a holding cell at the NYPD’s 75th Precinct in Brooklyn while they celebrated at a holiday party. When officers finally agreed to seek medical care for Ms. Doe, they handcuffed and shackled her to an ambulance gurney and hospital bed. They removed the restraints only just before Ms. Doe delivered her newborn son and replaced them almost immediately after. After her baby was transferred to the NICU, officers would not permit Ms. Doe to visit him without first shackling her legs together.

Medical experts and correctional experts unanimously agree that pregnant women should not be shackled by law enforcement absent the most extraordinary circumstances. Such extraordinary circumstances are limited to situations where a woman poses a significant risk of injury to herself or others that cannot be addressed by less restrictive means.

To read the complaint, click here.

To read a press release about the lawsuit, click here.

To read coverage in the New York Daily News, click here, in the Guardian, click here, or in the Gothamist/WNYC, click here.

ECBA’s Katie Rosenfeld and Andrew Jondahl, along with Anne Oredeko and Anthony Posada of the Legal Aid Society, represent Ms. Doe.

 

Article

ECBA Attorneys Reach Settlement in Midwood, Brooklyn Housing Discrimination Case

On behalf of their clients Fair Housing Justice Center (FHJC) and five African American testers, ECBA attorneys Diane L. Houk and Scout Katovich negotiated a $300,000 settlement of a race and religion housing discrimination case. The federal lawsuit alleged that Defendants ZP Realty Capital, Zev Pollak, and others were discriminating when renting apartments at a building located in the predominantly white Midwood neighborhood.  The plaintiffs alleged that none of them were shown apartments even though Defendants showed white testers vacant apartments. They also alleged that Mr. Pollak referred to the apartments as being in a “Jewish building.”  The settlement requires the defendants to institute fair housing practices, including to publicly advertise when apartments are available to rent.

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