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ECBAWM Clients Sue State College, PA Police for Fatal Shooting

Emery Celli Brinckerhoff Abady Ward & Maazel LLP has filed a federal civil rights lawsuit on behalf of Osaze Osagie’s family against the Borough of State College as well as ten State College Police Department (“SCPD”) officers. The complaint addresses the systemic failures that resulted in a State College police officer fatally shooting 29-year-old Osaze Osagie, who was suffering a mental health crisis at the time, on March 20, 2019.

Osaze Osagie’s family hopes to expose the policies and practices that allowed for such an injustice to occur. In a statement released by their legal team, they elaborate, “The Osagie family files this case today with deep resolve, but also with a heavy heart. They are determined to seek justice for their beloved son, which includes holding the Borough and SCPD accountable for their systemic failings in creating and maintaining a broken policing system that caused his untimely death.” The family also seeks compensatory and punitive damages.

ECBAWM attorneys Andrew G. Celli, Jr., Earl S. Ward, and David Berman represent the plaintiffs, alongside The Law Office of Andrew Shubin and Kathleen Yurchak from Steinbacher, Goodall, and Yurchak.

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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 Southern 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.

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

“MGM Told to Hand Over Trump’s ‘Apprentice’ Tapes in Scam Suit,” Bloomberg Quint

 

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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 Ward & Maazel LLP.

To learn more, visit our class action website here.

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

Contacts:

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

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

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New York Times Features Victories by ECBAWM Clients Over Big Development

Two ECBAWM clients were featured by the New York Times in its recent article The People vs. Big Development. The article highlights a court order blocking a massive development project, heavily opposed by the local community, in the Two Bridges neighborhood on Manhattan’s Lower East Side. The New York City Council, represented by ECBAWM, and the Manhattan Borough President sued the City’s development agencies for approving the project without undergoing the City’s public land use review process, known as ULURP, which requires extensive community input and final approval by the City Council. Supreme Court Justice Arthur Engoron granted a permanent injunction enjoining any construction on the project until a ULURP review is performed.

The article also highlights the legal challenge to the 200 Amsterdam tower, in which ECBAWM represents the Municipal Art Society of New York and the Committee for Environmentally Sound Development in a suit challenging the developer’s creation of a “gerrymandered” 39-sided zoning lot. As The Times reports, the resulting out-of-scale tower would be over twice the height of nearby towers, and the “tallest north of 61st Street.”

ECBAWM attorneys Andrew G. Celli Jr.Debbie Greenberger, and David Berman represent the New York City Council.

ECBAWM attorneys Richard D. Emery and Katherine Rosenfeld represent the Municipal Art Society of New York and the Committee for Environmentally Sound Development.

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ECBAWM Files Federal Class Action Challenging False Arrests of Visitors to Rikers Island

On December 3, 2019, ECBAWM and co-counsel Romano & Kuan PLLC filed a federal class-action lawsuit on behalf of visitors to Rikers Island who were baselessly arrested and accused of smuggling synthetic marijuana, known as “K2,” onto Rikers Island. All five lead Plaintiffs were visiting loved ones on Rikers Island and brought books with them, either as gifts to the inmates or to read themselves while they waited. All five were baselessly arrested and prosecuted on accusations of transporting K2 on the pages of their books.

All charges against the lead Plaintiffs were dropped at their initial court appearances following their arraignments. Even once charges were dropped, all lead Plaintiffs were banned from all City correction facilities for anywhere from six months to one year, and the inmates whom they were visiting were denied the ability to have contact visits. The Complaint alleges that the City has a practice of making these wrongful arrests of persons who have done nothing more than bringing a book to an incarcerated loved one.

ECBAWM’s Matt Brinckerhoff, Earl Ward, and David Berman, along with Julia Kuan of Romano and Kuan, represent the plaintiffs.

“City not book smart over smuggling ban at Rikers Island,” New York Daily News

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ECBAWM Clients Win Article 78 Petition Requiring NYPD to Produce Fare Evasion Data

On September 23, 2019, New York State Supreme Court Justice Arthur Engoron granted an Article 78 Petition filed by ECBAWM on behalf of clients Council Member Rory I. Lancman and the Community Service Social of New York (“CSSNY”). The order compels the New York City Police Department to disclose statistics, which are required to be made public by City Law, regarding arrests made and civil summonses issued to individuals for fare evasion at each of the 472 subway stations in New York City. These statistics, which will provide the public with an important tool to ensure accountability from the Police Department.

After CSSNY issued a detailed report reflecting that the vast majority of arrests and summonses for subway fare evasion occur in poor African-American communities, Council Member Lancman introduced legislation requiring the Police Department to release quarterly reports detailing the number of arrests under New York Penal Law § 165.15 and summonses under MTA Rule of Conduct § 1050.4 that were issued for fare evasion at each subway station throughout New York City and to break down the data by various demographic criteria, such as the race, gender, and age range of each person arrested or summonsed. Council Member Lancman’s proposed bill was unanimously approved by the City Council and went into law as New York City Administrative Code § 14-172 in January 2018. Since the law’s enactment, the Police Department had brazenly refused to comply with its obligations. Yesterday’s ruling will ensure that the City will receive the transparency that the City Council has required and that the public deserves.

The Petitioners are represented by ECBAWM attorneys Richard D. Emery and David Berman.

“Judge forces NYPD to turn over racial data in fare-evasion busts,” New York Post

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Court Grants Preliminary Injunction and Article 78 Petition Blocking Construction in Two Bridges Neighborhood

On August 1, 2019, New York State Supreme Court Justice Arthur Engoron granted a preliminary injunction and Article 78 Petition blocking the construction of four massive towers in the Two Bridges neighborhood in Manhattan. The New York City Council, represented by ECBAWM, and the Manhattan Borough President sued the City’s development agencies for avoiding the City’s public land use review process, known as ULURP, which requires final approval by the City Council. ECBAWM attorneys Andrew G. Celli Jr.Debbie Greenberger, and David Berman represent the New York City Council.

The decision was covered by the New York Times, New York Post, Gothamist, and Curbed.

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ECBAWM Files Amended Complaint Against Albany County Nursing Home

On July 2nd, ECBAWM filed an amended complaint in its case against the Albany County Nursing Home, alleging a pattern and practice of mistreatment against elderly patients and residents. The complaint was amended to include three additional plaintiffs, who experienced similarly tragic and disturbing neglect while in the care of the facility.

“Albany County Nursing Home complaint alleges culture of neglect, fear, short staffing,” Albany Times Union

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Representing the New York City Council, ECBAWM Obtains Temporary Halt to Two Bridges Development

On June 5, 2019, New York State Supreme Court Justice Arthur Engoron extended a temporary restraining order blocking the construction of a development project in the Two Bridges neighborhood in Manhattan. The City Council, represented by ECBAWM, and the Manhattan Borough President sued the City’s development agencies for avoiding the public land use review process, known as ULURP, which requires final approval by the City Council. ECBAWM attorneys Andrew G. Celli Jr., Debbie Greenberger, and David Berman represent the New York City Council.

“Judge slams city lawyers pushing new Two Bridges high-rise buildings,” New York Post
“Judge Grants Temporary Halt On Two Bridges Mega Development After Hearing Three Lawsuits,” Gothamist,
“Judge puts a stop to Two Bridges developments — for now,” The Real Deal
“Two Bridges Foes Win a Round in Suit Over Mayoral Power,” City Limits

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ECBAWM Files Lawsuit on Behalf of Family of Elderly Resident Left to Die in Albany County Nursing Home

As reported in the Albany-Times Union, this morning, the daughter of Albany resident Roger Sanford filed a civil rights lawsuit in federal court against the Albany County Nursing Home, its Executive Director Larry Slatky, and other Nursing Home staff, for civil rights violations and wrongful death.

On March 1, 2018, Mr. Sanford’s daughter found him alone in his Nursing Home room, gasping for air, drenched in sweat, with an oxygen tube dangling from his nose. This followed months where Mr. Sanford was often unchanged, unfed, unmedicated, unwashed, unshaven, and even covered in his own urine and feces, the Complaint alleges. Mr. Sanford died as a result of the Nursing Home’s reckless disregard for his life.

A New York State Department of Health investigation found that the Nursing Home violated federal laws by failing to provide Mr. Sanford with basic life support or CPR; failing to follow professional standards of practice; and failing to provide Mr. Sanford with necessary respiratory care.

As alleged in the Complaint, when Mr. Sanford’s daughter complained to Executive Director Slatky about her father’s poor care, Mr. Slatky boasted that a relative of a Nursing Home employee worked in the Department of Health’s complaint department and would make sure any complaint against the Nursing Home disappeared.

“My hope and prayer is that our lawsuit will force Albany County Nursing Home to provide much safer care and services and that reckless and negligent deaths will be prevented. My father suffered horrifically, he was grossly neglected, he was denied basic medical care and he died prematurely because staff refused to get him to the hospital for days or even bother to call 911 when he was in a dire medical emergency. It broke my heart to find my father lying in his bed gasping for air, sweating profusely with no one there to assist him or help save his life.” said Lori LaRock, Mr. Sanford’s daughter.

“We expect nursing homes to take care of our loved ones, not to let them suffer and die alone,” said Ilann M. Maazel, lead counsel, and a lawyer at Emery Celli Brinckerhoff Abady Ward & Maazel. “Albany County Nursing Home’s treatment of Mr. Sanford was unconscionable and indefensible.”

“No one should have to endure what Mr. Sanford’s family went through,” said David Berman, another lawyer for Mr. Sanford’s family. “Albany County Nursing Home must be held accountable for Mr. Sanford’s suffering.”

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