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ECBAWM Files Suit Alleging Major NYC Developer and Architect Designed and Constructed Housing that is Inaccessible to People with Disabilities

On May 23, 2019, on behalf of fair-housing group the Fair Housing Justice Center (FHJC), ECBAWM filed suit alleging that New York developer Gotham Organization Inc. and architect FX Collaborative Architects failed to design and construct rental housing in compliance with fair housing laws’ accessibility requirements.  The complaint details that FHJC’s testing revealed numerous inaccessible features of two residential rental buildings—The Ashland in Fort Greene and The Nicole in Hell’s Kitchen.  FHJC is represented by ECBAWM attorneys Diane Houk and Debra Greenberger.  A copy of the complaint can be found here.

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Have you been affected by sexual abuse at Ohio State?

If so, please call us at 212-763-5042, email ohiosurvivors@ecbalaw.com, or use this form.

ECBAWM represents 77 survivors of sexual abuse by OSU doctor Richard Strauss. While employed by Ohio State, Dr. Strauss reportedly committed at least 47 rapes and 1,429 sexual assaults of Ohio State students, over a period of decades. Ilann M. Maazel, Debra Greenberger, and Marissa Benavides at ECBAWM are co-counseling the case with attorneys Adele Kimmel at Public Justice in Washington, D.C., and Scott Smith in Columbus, Ohio. The case is captioned Snyder-Hill, et al. v. The Ohio State University, 18-CV-00736, in federal court in Columbus.

A May 15, 2019 report reveals OSU’s complete failure to protect its students. The report found: “Despite the persistence, seriousness, and regularity of complaints” of sexual abuse from students since 1979, “no meaningful action was taken by the University to investigate the concerns until January 1996.” Even then, officials at the highest levels of the University kept Strauss as a tenured faculty member until 1998, gave him an emeritus appointment in 1998, did not inform any students that Strauss was a sexual predator, and permitted Strauss to run ads in the University newspaper about his off-campus private men’s clinic for OSU students and others

This major national news story has been covered by, among others, People, U.S. News & World Report, Fox Sports, and Yahoo! Sports.

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Report Confirms that, For Decades, OSU Ignored Complaints that Dr. Strauss Was Abusing Male Students

Investigators from Perkins Coie, the law firm hired by The Ohio State University’s Special Counsel to investigate widespread reports of sexual abuse by Dr. Richard Strauss, write in a May 17, 2019 report that “Despite the persistence, seriousness, and regularity of [] complaints” of sexual abuse from students since 1979, “no meaningful action was taken by the University to investigate the concerns until January 1996.” Even then, officials at the highest levels of the University kept Strauss as a tenured faculty member until 1998, gave him an emeritus appointment in 1998, did not inform any students that Strauss was a sexual predator, and permitted Strauss to run ads in the University newspaper about his off-campus private men’s clinic for OSU students and others.  Ilann M. Maazel and Debra Greenberger at ECBAWM are co-counseling a case against OSU on behalf of dozens of survivors with attorneys Adele Kimmel at Public Justice in Washington, D.C., and Scott Smith in Columbus, Ohio. The Perkins Coie report is available here .

 

If you are a survivor, please email ohiosurvivors@ecbalaw.com or call Ilann Maazel or Debra Greenberger at 212-763-5000.

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Firm Joins Massive Ohio State University Sex Abuse Case

ECBAWM has joined as plaintiffs’ counsel in the Ohio State University sex abuse case, representing dozens of survivors of sexual abuse by OSU doctor Richard Strauss. While employed by Ohio State, Dr. Strauss is believed to have abused hundreds and even thousands of Ohio State students, over a period of decades. Ilann M. Maazel and Debra Greenberger at ECBAWM are co-counseling the case with attorneys Adele Kimmel at Public Justice in Washington, D.C., and Scott Smith in Columbus, Ohio. The case is captioned Snyder-Hill, et al. v. The Ohio State University, 18-CV-00736, in federal court in Columbus.

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“48 Hours” investigates shooting of DJ Henry and ECBAWM client, Brandon Cox

CBS news program “48 Hours” presented an in-depth review of the fatal police shooting of Danroy “DJ” Henry, a PACE University student. The segment investigates the cause of the tragedy and includes interviews with DJ’s family, witnesses, DJ’s childhood friend, Brandon Cox, and others. Mr. Cox was seated beside DJ in the car when an officer shot into their vehicle, killing DJ, and wounding Mr. Cox. A link to the story can be found here.

ECBAWM attorneys Jonathan S. Abady, O. Andrew F. Wilson, Debra Greenberger, and Jessica Clarke represented Brandon Cox in the related civil case against the police shooter and others.

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Federal Court Sustains Suit Challenging Over-detentions of People Entitled to Release on Bail from New York City Jails

On September 28, 2018, federal judge William H. Pauley III denied a motion by the city of New York seeking to dismiss a proposed class action lawsuit filed by ECBAWM and co-counsel Romano & Kuan PLLC on behalf of presumptively innocent criminal defendants held for hours or days in New York City jails despite being entitled to release on bail.  The court held that “Plaintiffs adequately allege that their interest in paying bail and being released after paying bail has been infringed by the City’s deliberate indifference.”  The suit alleges that the City is responsible for unreasonable systemic delays in accepting bail payments and in processing detainees for release once bail is posted.  The complaint details a Kafka-esque system where antiquated technology, inadequate staffing, and indifference conspire to keep thousands of New Yorkers each year in jail for hours or days without any legal basis.  The court’s decision ruled that these allegations are sufficient to claim violations of the United States constitution and New York law.  The case will now proceed to discovery.

To read the Court’s decision, click here.
To read the complaint, click here.

To read coverage of the lawsuit in the New York Daily News, click here.

ECBAWM’s Matt Brinckerhoff Debbie Greenberger, and David Lebowitz, along with Julia Kuan of Romano & Kuan, represent the plaintiffs.

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ECBAWM Sues City for Retaliating Against Airbnb Host

On July 18, 2018, ECBAWM filed a federal lawsuit against the City of New York and others on behalf of Stanley “Skip” Karol, a lifelong Brooklyn resident, who uses the Airbnb platform to rent out part of his family home.  The suit alleges that, in violation of the First Amendment and the Due Process Clause, the City retaliated against Mr. Karol for his remarks criticizing City officials and policy at a public hearing before the New York City Council on June 26, 2018.  Concerned that the legislation pending before the Council would put him in the same category as operators of illegal hotels, Mr. Karol exercised his First Amendment rights by participating in a public hearing on the bill.  Days later, City enforcement officials appeared at Mr. Karol’s two-family home in Sunset Park, Brooklyn, and issued him four summonses carrying fines of tens of thousands of dollars.   The complaint alleges that the enforcement effort aimed at Mr. Karol was retaliatory, and the summonses issued to Mr. Karol are baseless.  “People shouldn’t have to worry that when they go home, there’s going to be a knock on the door just because they decided to speak up against the government,” ECBAWM partner Andrew G. Celli, Jr. told the press.  The case was widely covered and the subject of a New York Post editorial.

Mr. Karol is represented by ECBAWM attorneys Andrew G. Celli, Jr., Debra Greenberger, and Ashok Chandran. A copy of the complaint can be found here, and additional press coverage of the case can be found here, here, and here.

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U.S. Supreme Court Repeatedly Cites ECBAWM Amicus Brief in South Dakota v. Wayfair

ECBAWM submitted an amicus brief on behalf of a group of law professors and economists to urge the Supreme Court to expand states’ ability to collect sales taxes from online merchants and overrule Quill Corp. v. North Dakota. In overruling Quill the Supreme Court twice cited ECBAWM’s amicus brief.

Along with Prof. Daniel Hemel of the University of Chicago, ECBAWM attorney Debbie Greenberger submitted the brief, which is available here.

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#MeToo Victory in New York State Government

Yesterday, ECBAWM filed an EEOC charge against New York State on behalf of Patricia Gunning, alleging sexual discrimination and retaliation by her former boss at the Justice Center, James Kiyonaga.  Today, after a thorough investigation, the New York State Inspector General issued a report condemning Mr. Kiyonaga, and the State fired him.  Ms. Gunning is represented by Richard D. Emery, Ilann M. Maazel, and Debra Greenberger.

For more information, read coverage from the New York TimesNew York Post, Times Union, and NY Daily News.

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ECBAWM Files Employment Discrimination Charge Against NYS Justice Center on Behalf of Patricia Gunning

On May 29, 2018, ECBAWM filed a charge of discrimination with the federal Equal Employment Opportunity Commission on behalf of Patricia Gunning, a former Special Prosecutor/Inspector General at the NYS Justice Center for the Protection of People with Special Needs. In the charge, Ms. Gunning alleges that James Kiyonaga, who served as Acting Executive Director and Executive Deputy Director during her years at the Justice Center, engaged in a pattern of sexual discrimination and sexual favoritism, creating a hostile work environment. The charge alleges that when Ms. Gunning complained about the abuse, she was retaliated against, leading to her termination. Mr. Kiyonaga currently serves at Executive Deputy Commissioner of the Office of People with Developmental Disabilites.

For more information, read coverage from the New York Post, Times Union, and NY Daily News.

Patricia Gunning is represented by Richard D. Emery, Ilann M. Maazel, and Debra Greenberger.

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