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19 ECBAWM Attorneys Named to 2023 Super Lawyers Lists

The firm is pleased to announce that 18 of its attorneys have been named to the 2023 Super Lawyers lists.

Firm partners Jonathan S. AbadyMatthew D. BrinckerhoffAndrew G. Celli, Jr.Richard D. EmeryDebra L. GreenbergerDaniel J. Kornstein, Julia P. Kuan, Hal R. LiebermanIlann M. MaazelZoe SalzmanSam ShapiroEarl S. Ward, and O. Andrew F. Wilson were named 2023 Super Lawyers.

Associates David BermanNick BourlandAndrew JondahlVivake Prasad, Max Selver, and Emily Wanger were named 2023 Super Lawyers Rising Stars.

The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found on the Super Lawyers website.

Article

Justice Department Finds that Louisville Police Violated Protesters’ Constitutional Rights

On March 8, the U.S. Department of Justice released a damning report detailing routine constitutional violations by the Louisville Metro Police Department (“LMPD”). Along with the NAACP Legal Defense Fund and the ACLU of Kentucky, ECBAWM sued Louisville in 2020, alleging that LMPD’s indiscriminate use of tear gas and other military-grade weapons against peaceful protesters violated their First and Fourth Amendment rights. The class-action lawsuit, brought by several named plaintiffs who were subjected to unnecessary force, seeks to bar LMPD from using such weapons at future protests.

Among many other areas of misconduct, DOJ investigated LMPD’s response to the summer 2020 protests following the murders of Breonna Taylor and George Floyd. The report found that LMPD had “indiscriminately used force” against peaceful and law-abiding protesters, and used “riot sticks, less-lethal munitions, [and] chemical agents against protesters who did no more than passively resist or disperse more slowly than officers desired.”

The DOJ report also confirms another of the primary claims in the ECBAWM lawsuit against LMPD: “By using force against peaceful protesters without individualized and adequate justifications, LMPD repeatedly retaliated against speech, in violation of the First Amendment.” Attorney General Merrick Garland described some of LMPD’s conduct as “unacceptable” and “heartbreaking.”

“We applaud the Justice Department’s extensive investigation into the LMPD,” said ECBAWM Partner, Sam Shapiro. “Louisville must commit to stop using indiscriminate, crowd-control weaponry that subjects peaceful protestors to unconstitutional uses of force.”

ECBAWM attorneys Earl Ward, Andrew Wilson, Sam Shapiro, and Andrew Jondahl represent the protesters in the class action lawsuit.

Press
“Justice Dept. Finds Pattern of Discriminatory Policing in Louisville,” New York Times
“Louisville police engaged in pattern of misconduct, Justice Dept. finds,” Washington Post
“DOJ issues scathing rebuke of Louisville police in report launched after Breonna Taylor killing,” CNN
“Louisville Police Department practices, violated Constitution, DOJ finds,” Politico
Legal Defense Fund press release
ACLU Kentucky press release

Article

Anthony Sims Freed After 25 Years

Anthony Sims has been granted parole and freed from prison after serving over 25 years for a murder he did not commit. Anthony was wrongfully convicted of murdering Li Run Chen at a Brooklyn restaurant; evidence that was withheld from the jury exonerated Anthony and points to Julius Graves – the prosecution’s only eyewitness to the shooting – as the killer.

In an interview with NBC New York’s Sarah Wallace, ECBAWM partner Ilann M. Maazel, one of Anthony’s attorneys, explained what led to his unlawful conviction. “The NYPD basically ignored any evidence that exonerated Anthony, and the most glaring example is when an independent witness saw Julius Graves exit the restaurant with a gun right after the shooting, told that to the police, and the police kept that information, apparently, to themselves.”

Prosecutors have labeled two witnesses who testified that the police fabricated interview reports as “incredible” and continue to back Graves’ version of the events. “They seem to want to stand behind this man who has lied repeatedly under oath in different statements over the years and it’s frustrating,” said another of Anthony’s attorneys, ECBAM partner Sam Shapiro.

Anthony’s motion to vacate his conviction is currently pending before the Hon. Danny Chun in Kings County. A decision is expected in January.

Keisha Sims, Anthony’s wife, told NBC New York she will never stop fighting. “Not just only for my husband, but there’s a lot of Anthonys out there.”

ECBAWM attorneys Ilann M. Maazel, Sam Shapiro, and Nairuby L. Beckles, along with co-counsel Thomas Hoffman and Jonathan Hiles, represent Anthony Sims. More information about the case is available on the Free Anthony Sims website.

Article

Federal Lawsuit Over Disability Discrimination and Severe Mistreatment at Brooklyn Home for People with Disabilities Settles for $2.25 Million

The family of an autistic and disabled man has agreed to a $2.25 million settlement in a civil rights lawsuit against Eihab Human Services, Inc., an operator of homes and other programs for people with disabilities. The lawsuit alleged Eihab abused, neglected, and almost killed the disabled man. The case was litigated for a decade until the settlement was reached in the middle of a nearly week-long jury trial in a New York federal court. The judge who presided over the case approved the settlement on October 13, 2022.

ECBAWM was assisted by noted jury consultant Dan Cooper in preparation for the trial.

The plaintiff, “A.W.”, the mother of “B.W.”, the young man, filed the lawsuit on behalf of her son in 2012. The complaint alleges that while under Eihab’s care, B.W. was rushed to the hospital six different times, nearly choked to death on a corncob, and had to have a feeding tube inserted after his weight sunk below 100 pounds.

“I’m so thankful we have finally been able to achieve some justice for my son,” said A.W.

“After ten long years, we have a measure of justice for B.W. and his family and accountability for Eihab,” said ECBAWM partner Ilann M. Maazel. “We are gratified that B.W. and his family finally have some closure after this terrible period in their lives.”

Article

17 ECBAWM Attorneys Named to 2022 Super Lawyers Lists

The firm is pleased to announce that 17 of its attorneys have been named to the 2022 Super Lawyers lists.

Firm partners Jonathan S. Abady, Matthew D. Brinckerhoff, Andrew G. Celli, Jr., Richard D. Emery, Debra L. Greenberger, Daniel J. Kornstein, Hal R. Lieberman, Ilann M. Maazel, Zoe Salzman, Sam Shapiro, Earl S. Ward, and O. Andrew F. Wilson were named 2022 Super Lawyers.

Associates David Berman, Nick Bourland, Andrew Jondahl, Vivake Prasad, and Max Selver were named 2022 Super Lawyers Rising Stars.

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

Article

Nine ECBAWM Partners Named to Lawdragon’s “500 Leading Plaintiff Employment & Civil Rights Lawyers” 2022 List

ECBAWM is pleased to announce that nine firm partners have been named to the “2022 Lawdragon 500 Leading Plaintiff Employment & Civil Rights Lawyers” list. The list was created “through nominations and independent journalistic research vetted by peers and adversaries,” legal media company Lawdragon explained on its website.

Matthew D. Brinckerhoff, Andrew G. Celli, Jr., Debra L. Greenberger, Ilann Margalit Maazel, Katherine Rosenfeld, Zoe Salzman, Sam Shapiro, Earl S. Ward, and O. Andrew F. Wilson were each recognized as attorneys “who have dedicated their careers to standing up for our rights in workplaces and in society.”

Article

ECBAWM Questions Rep. Marjorie Taylor Greene Under Oath

On April 22, 2022, ECBAWM attorney Andrew G. Celli, Jr., supported in court by ECBAWM partner Sam Shapiro and ECBAWM paralegal Dymond Wells, questioned Representative Marjorie Taylor Greene under oath for approximately 5 hours about her role in the January 6, 2021 attack on the U.S. Capitol.

ECBAWM, together with the national advocacy organization Free Speech for People, represented four Georgia voters who challenged Rep. Greene’s qualifications to run for re-election to the House of Representatives. The challenge, which was filed with the Georgia Secretary of State, alleged that the 14th Amendment bars Rep. Greene from seeking re-election because she engaged in insurrection as a member of Congress by urging, instructing, and supporting the people who attacked the U.S. Capitol on January 6.

An administrative law judge heard the voters’ challenge on April 22, 2022. During the hearing, Mr. Celli, Jr. questioned Rep. Greene about statements she made on social and traditional media calling for violence against politicians, disparaging the results of the 2020 election as fraudulent, rallying her supporters to act to overturn President Biden’s election, and invoking phrases associated with the January 6 insurrection, including “1776.” It was the first time a member of Congress had been questioned under oath about the events of January 6, 2021. The hearing was broadcast live on multiple media outlets, including C-SPAN and CNN, and widely covered in the international news media.

The voters are represented by ECBAWM attorneys Mr. Celli, Jr., Mr. Shapiro, and Andrew Jondahl, and ECBAWM paralegal Ms. Wells, along with co-counsel at Free Speech for People and Bryan Sells.

Article

ECBAWM Attorneys Settle Housing Discrimination Lawsuit Against National Real Estate Firm for $4 Million

In an agreement negotiated by ECBAWM attorneys, Redfin Corporation has committed to changing its national minimum home price service and referral policies for five years and pay $4 million dollars to settle a lawsuit brought by the National Fair Housing Alliance and nine of its member organizations. Redfin has also agreed to implement an outreach and recruiting plan to increase racial diversity in its workforce, advertise its service to reach non-White consumers, and require agents and local partner realty firms to attend fair housing training.

The lawsuit alleged that Redfin discriminated based on race and national origin. An investigation conducted by the plaintiff organizations showed that Redfin offered no service to buyers and sellers of homes in communities of color at a disproportionately higher rate than in white areas based on the company’s minimum home price policy. As one of the settlement’s terms, Redfin will expand its service for several years in ten metropolitan areas for buyers of homes priced below median home prices in order to provide service to more homes located in communities of color.

ECBAWM Attorneys Diane L. Houk and Sam Shapiro represented Plaintiffs, together with Jeffrey Taren of MacDonald, Hoague & Bayless.

Press
“Redfin Settles Suit by Fair-Housing Groups Over ‘Minimum Price Policy’,” Bloomberg News

Related
ECBAWM Clients File Race Discrimination Suit Against National Realty Firm Alleging Redlining

Article

Fourth Circuit Cites Amicus Brief Filed by ECBAWM

In an opinion issued today, the United States Court of Appeals for the Fourth Circuit quoted and relied on an amicus brief filed by ECBAWM on behalf of law professors Aziz Huq and Erwin Chemerinsky. The case involves claims brought by a former federal public defender in North Carolina who alleges she was sexually assaulted by members of the public defender’s office. The amicus brief ECBAWM filed argued that the District Court misapplied the doctrine of sovereign immunity.

ECBAWM partners Ilann Maazel and Sam Shapiro authored the brief, which can be found here.

The Fourth Circuit opinion can be read in its entirety here.

Article

Marjorie Taylor Greene TRO Application Fails; Challenge Seeking to Disqualify Her from Re-Election Will Proceed

Judge Amy Totenberg of the U.S. District for the Northern District of Georgia has denied Representative Marjorie Taylor Greene’s application for a preliminary injunction and temporary restraining order that, if granted, would have halted disqualification challenge proceedings against Rep. Greene and allowed her to be included on the ballot for the May 24 primary elections. In its 73-page ruling, the Court cited Rep. Greene’s “failure to cite persuasive legal authority or even include a developed legal argument” in holding that she “failed[ed] to establish a substantial likelihood of success on the merits.”

The challenge to Rep. Greene’s re-election was filed by a group of Georgia voters in late March on 14th Amendment grounds – specifically, that Rep. Greene was disqualified under the Insurrectionist Disqualifications Clause of the 14th Amendment because she engaged in insurrection at the U.S. Capitol on January 6, 2021.

The instant lawsuit, Greene v. Raffensperger et al, was filed by Rep. Greene in an attempt to end the challenge to her candidacy without allowing it to proceed through Georgia’s established legal process.

The underlying disqualification challenge is scheduled to be heard by a state administrative law judge on April 22.

The group of Georgia voters are represented in Greene v. Raffensperger et al by ECBAWM attorneys Andrew G. Celli, Jr., Sam Shapiro, and Andrew Jondahl, along with co-counsel at Free Speech for People and Bryan Sells.

Related
“ECBAWM Represents Arizona Voters in Candidacy Challenges Under Fourteenth Amendment’s Insurrectionist Disqualification Clause”

Press
“Rep. Marjorie Taylor Greene testifies for more than 3 hours in hearing on whether to disqualify her from seeking reelection,” CNN
“Effort to Remove Marjorie Taylor Greene from Ballot Can Proceed, Judge Says,” The New York Times
“Legal effort to remove Greene from Ga. ballot can proceed, judge rules,” The Washington Post

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