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.
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 bring a book to an incarcerated loved one.
ECBAWM, along with the law firm of Kaplan Hecker & Fink LLP, has filed a nationwide class action lawsuit on behalf of four individuals and a putative class against Donald J. Trump and the Trump Corporation, as well as Donald Trump, Jr., Eric Trump, and Ivanka Trump, alleging that Plaintiffs were victims of three businesses promoted by Mr. Trump, in his personal capacity, and the other defendants. The Complaint alleges that Mr. Trump and the other defendants conspired to deceptively endorse a series of sham businesses including ACN, the Trump Network, and the Trump Institute. In exchange for undisclosed endorsement fees, the Complaint alleges, defendants promoted these businesses with the power of the Trump brand — all to persuade vulnerable parties such as the Plaintiffs to invest in opportunities defendants knew had little chance of success. The filing was covered by, among other outlets, the New York Times.
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, The Bronx Defenders, and Morrison & Foerster, LLP announced a settlement of a lawsuit challenging widespread delays in misdemeanor cases in Bronx Criminal Court.
The settlement agreement allows the plaintiffs to monitor the court system for the next four years and to re-open the case if not enough progress is made. It also creates a new mechanism for people charged with misdemeanors to request a speedy trial, at which point the court system will be required to track the progress of their case.
Since the May 2016 filing of the lawsuit, Trowbridge v. DiFiore, the number of misdemeanor cases pending for more than a year in the Bronx dropped from 2,378 to 513. The number of misdemeanor cases pending for more than two years dropped from 538 to 64. But more work remains to be done: the proportion of misdemeanor cases that are more than a year old in the Bronx is still twice as high as in any other borough.
“This settlement is only the beginning,” ECBAWM partner Ilann M. Maazel told the press. “We will be watching the Bronx court system very carefully to make sure that they live up to their promises, achieve parity with the other boroughs, and make speedy trials a reality for everyone in the Bronx.”
Judge Analisa Torres of the U.S. District Court for the Southern District of New York ruled that a New York cosmetic surgeon violated the Americans with Disabilities Act and the New York City Human Rights Law when he refused to treat patients living with HIV. Emery Celli Brinckerhoff Abady Ward & Maazel and the HIV Law Project represent Mark Milano, a man living with HIV who was summarily turned away by Dr. Emanuel Asare after Asare said he had a policy against performing surgery on people living with HIV. The District Court granted summary judgment to Mr. Milano and the United States government, which also sued the physician, ruling that Asare’s blanket policy violated the law.
“Even after having lived with HIV for 30 years, the statement from Dr. Asare that it was his policy to never perform any procedures on people with HIV was like a punch in the gut,” Mr. Milano said. “It left me on the verge of tears. I had never experienced such blatant HIV discrimination in my life. Since then, I have heard similar stories from friends about other cosmetic surgeons. No one should have to go through this. People with HIV have as much right to cosmetic surgery as anybody else.”
Mr. Milano was represented by Matthew Brinckerhoff and Ali Frick. Speaking to the Associated Press, Ms. Frick praised the court for “elevat[ing] science and facts over fear and prejudice.” Read the AP’s story here; the New York Law Journal also covered the decision. Judge Torres’ opinion is available here.
On October 4, 2017, ECBAWM and co-counsel Romano & Kuan PLLC filed a federal class action lawsuit 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 complaint alleges that the City has been deliberately indifferent to the problem of unreasonable systemic delays in accepting bail payments and in processing detainees for release once bail is posted. The suit 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.