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Federal Judge Extends Voter Registration Deadline In Arizona

Voting Rights Advocates Celebrate Victory Which Will Allow Thousands More to Register In Advance of the November 2020 Election

In response to a voting rights lawsuit, a federal judge in Arizona issued an order on October 5 extending the voter registration deadline in the state to October 23, given the impact of the COVID-19 pandemic on voter registration.

“[A] core tenet of democracy is to be ruled by a government that represents the population,” U.S. District Judge Steven P. Logan wrote in his decision. “Due to COVID-19, a portion of the population is prevented from registering to vote, and thus the integrity of the election is undermined in a different way; that portion is going unrepresented. Extending the deadline would give more time for those voters to register and let their voices be heard through the democratic process.”

ECBAWM LLP, together with Free Speech for People and Osborn Maledon P.A., represent Mi Familia Vota, the Arizona Coalition for Change, and an individual voter registration organizer who filed the lawsuit on September 30, seeking a court order extending the October 5 voter registration cutoff.

“This is a huge victory for democracy,” says Flavio Bravo of Mi Familia Vota. “With this court-ordered relief, thousands more voters will be able to register to vote in the midst of this pandemic and will be able to participate in the November 2020 election.”

This year, organizations that register citizens to vote were effectively prevented from registering voters from March 30, 2020, when Arizona imposed a stay-at-home order and other restrictions on day-to-day interactions in order to mitigate the effects of the pandemic, to the middle of August when those restrictions were lifted. As a result, new voter registration has been far lower than in previous years.

With the lifting of the state’s restrictions, plaintiffs have recently pivoted their operations to adapt to the pandemic, registering thousands of Arizona voters. Yet Arizona’s voter registration deadline—earlier than most states, threatened to prematurely halt those efforts.

“This ruling is a vindication of the fundamental right to vote,” says Reginald Bolding of the Arizona Coalition for Change. “Court intervention here was necessary to address the impact of the pandemic on voter registration. Thanks to this ruling, many more voters will have their voices heard in this election.”

ECBAWM attorneys Jonathan S. Abady, Matthew D. Brinckerhoff, Zoe Salzman, and Nick Bourland represent the plaintiffs, together with Free Speech For People and Osborn Maledon P.A.

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ECBAWM Represents City of Hoboken Against Big Oil Companies for Climate Change Deceptions

ECBAWM and co-counsel Krovatin Nau LLC represent Hoboken, New Jersey in litigation filed yesterday against ExxonMobil, several other big oil companies, and the American Petroleum Institute, the oil industry’s largest lobby, to hold them accountable for more than a half-century of deception about climate change, which has led to devastating impacts on Hoboken.

The defendants have waged massive, decades-long disinformation campaigns to deceive the public about the central role of fossil fuels in causing climate change, all while spending billions of dollars to protect their own infrastructure from climate change and raking in billions of dollars in profits from their ever-expanding production, marketing, and sale of fossil fuels. Hoboken is on the front lines of the climate crisis masked by Defendants’ deceptions. As Superstorm Sandy’s overwhelming destruction made clear in 2012, accelerating sea level rise and more frequent and intense storms caused by climate change pose grave threats to the city, particularly its residents of color, who disproportionately live in flood-prone areas.

Hoboken has already spent hundreds of millions of dollars on flood adaptation and mitigation measures made necessary by climate change, and it will incur significant additional costs in the future. Through this case, Hoboken seeks to hold some of the world’s largest fossil fuel companies accountable for the costs they have imposed on the city.

Press Release
Read coverage of the lawsuit from NJ.com, ABC7, and InsideClimateNews.

ECBAWM attorneys Matthew D. Brinckerhoff, Jonathan S. Abady, Ananda V. Burra, and Max Selver, along with Gerald Krovatin of Krovatin Nau LLC, represent the City of Hoboken.

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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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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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Ten ECBAWM Attorneys Named as Super Lawyers; Four Named as Rising Stars

ECBAWM is proud to announce that partners Richard EmeryAndrew CelliMatthew BrinckerhoffJonathan AbadyIlann MaazelEarl WardHal LiebermanDan KornsteinAndrew Wilson, and Elizabeth Saylor were named as Super Lawyers for 2019. Partners Zoe Salzman and Sam Shapiro and associates David Lebowitz and Alanna Kaufman were named as Rising Stars.

The Super Lawyers list is issued by Thompson Reuters. A description of the selection methodology can be found here.

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Consumer Fraud Class Action Filed Against Donald J. Trump, His Corporation, Donald Trump Jr., Eric Trump, and Ivanka Trump

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.

Andrew G. Celli, Jr., Matthew D. Brinckerhoff, Katie Rosenfeld, and O. Andrew F. Wilson are leading the team at ECBAWM for the plaintiffs.

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Ten ECBAWM Attorneys Named as Super Lawyers; Two Named as Rising Stars

ECBAWM is proud to announce that partners Richard Emery, Andrew Celli, Matthew Brinckerhoff, Jonathan Abady, Ilann Maazel, Earl Ward, Hal Lieberman, Dan Kornstein, Andrew Wilson, and Elizabeth Saylor were named as Super Lawyers for 2018. Partners Zoe Salzman and Sam Shapiro were named as Rising Stars. The Super Lawyers list is issued by Thompson Reuters. A description of the selection methodology can be found here.

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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.

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

“City Jails Regularly Violate Detainees’ Rights: Lawsuit,” New York Daily News

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Settlement Reached in Challenge to Bronx Court Delays

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.”

Matthew D. Brinckerhoff, Ilann M. Maazel, and Doug Lieb represented the plaintiffs.

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Court Rules Cosmetic Surgeon Illegally Denied Surgery to Patient Living with HIV

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.” the New York Law Journal also covered the decision.

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