Emery Celli Brinckerhoff Abady Ward & Maazel LLP

ECBAWM lawyers Zoe Salzman, Debbie Greenberger, and Eric Abrams were shouted out in ALM and Law.com’s Litigators of the Week for their work securing the Court’s preliminary approval of a settlement in a class action against the health insurance company Aetna. The case alleged that Aetna’s policies regarding artificial insemination and in vitro fertilization (IVF) discriminated against LGBTQ+ beneficiaries by subjecting them to higher out-of-pocket costs and longer waiting periods compared to heterosexual couples. The settlement will provide class-members with at least $2,300 for prior out-of-pocket payments, as well as additional compensation of approximately $10,000 from a $2 million common fund, in addition to significant changes to Aetna’s fertility coverage policies. Read the full newsletter here.

On October 23, 2024, Zoe Salzman, partner at ECBAWM, will co-chair a program with the Practicing Law Institute called “Psychological Issues in the Workplace 2024.” The program will address key employment issues at the intersection of law and psychology in the current era of different macro-economic developments, geopolitical strife, and technological advances. The program will also touch on the significance of diversity and inclusion in efforts to eliminate systemic and individual biases. As co-chair, Ms. Salzman will deliver remarks and speak to her experience as a prominent employment litigator. Read more about the program at PLI here.

On October 9, 2024, U.S District Court Judge Vernon S. Broderick issued an Order granting preliminary approval for the settlement in ECBAWM’s LGBTQ+ Fertility Coverage Class Action lawsuit case against Aetna’s Life Insurance Company. The lawsuit alleged that Aetna discriminated against LGBTQ+ policyholders seeking fertility treatment by requiring them to pay more out of pocket and wait longer than heterosexual couples. The Preliminary Approval Order marks a major step for Plaintiffs. Pursuant to the settlement, Aetna will modify its policies and set up a fund to compensate eligible class action members (i.e. members of certain New York commercial insurance plans who were or would have been denied reimbursement for artificial insemination). “This settlement will deliver real compensation to LGBTQ+ people affected by this policy and ensure a new, fair policy going forward,” said Zoe Salzman, Partner at Emery Celli Brinckerhoff Abady Ward & Maazel LLP. ECBAWM attorneys Debbie Greenberger, Eric Abrams, and Zoe Salzman, along with paralegal, Carlos Martínez-Montes represent the plaintiffs in this settlement, as well as attorneys from the National Women's Law Center. https://lnkd.in/egSPXker

On Tuesday, October 8, 2024, ECBAWM and Vladeck, Raskin & Clark, P.C. filed a lawsuit against UPS on behalf of their client, Gordon Flowers, who lives in the Park & Fox Hill Apartments in Staten Island. For 30 years, UPS has maintained a “Non-Delivery Policy” for residents of Park & Fox Hill, over 90% of whom are Black or Hispanic: UPS delivers to apartment doors or at least inside nearby buildings of similar size with a greater proportion of white residents. For Park & Fox Hill, though, UPS makes residents walk sometimes upwards of 15 minutes and wait in line outside of the truck, during short time windows, to retrieve their packages. My hope would be for UPS to change their current policy and provide door to door service as every other courier does,” Mr. Flowers said in anticipation of the lawsuit. Mr. Flowers is represented by ECBAWM attorneys, Andrew Wilson, Diane Houk, and Laura Kokotailo as well as paralegal, Toby Shore. https://lnkd.in/eXwEjYng

🌟 50 years. 50 Great Concordians. We're proud to recognize experienced trial attorney Zoe Salzman, BA 03, as part of Concordia University's anniversary. Salzman is a partner at Emery Celli Brinckerhoff Abady Ward & Maazel LLP in Manhattan, where she specializes in workplace discrimination and civil rights cases. She has secured settlements for victims of police violence and systemic discrimination and successfully litigated high-profile #MeToo civil cases. "The critical thinking skills I honed at Concordia, particularly through the Liberal Arts College, laid the foundation for my career," Salzman shares. 👉 The #CUalumni shares her tips for success: https://lnkd.in/eASUAFSW #CUpride #Concordia50

JJ Velazquez was incarcerated for over 23 years for a murder he had nothing to do with. In 2021, Governor Cuomo commuted Mr. Velazquez’s sentence, securing his freedom and release from state prison. However, Mr. Velazquez was still wrongfully branded a convicted felon and continued to serve a parole sentence for a crime he did not commit. Now, that injustice has been has come to an end and Mr. Velazquez has finally been exonerated. Following a cooperative reinvestigation of Mr. Velazquez’s case by the Manhattan District Attorney’s Office’s Post-Conviction Justice Unit and Mr. Velazquez’s attorneys at Emery Celli Brinckerhoff Abady Ward & Maazel LLP (ECBAWM), the Supreme Court granted a joint motion to vacate Mr. Velazquez’s conviction based on newly discovered DNA evidence, ending Mr. Velazquez’s quarter-century campaign for his exoneration. Immediately after, the Court granted the District Attorney’s motion to dismiss the indictment and the case against Mr. Velazquez finally came to an end. “The case against JJ was already compromised by key eyewitnesses who recanted after trial, faulty identification procedures, and a complete lack of physical evidence tying JJ to the crime,” said ECBAWM partner Earl Ward. “Now, the exonerative DNA evidence discovered during our reinvestigation of JJ’s case mandates the vacatur of JJ’s conviction. We are thrilled for JJ, who has fought for decades to undo this injustice and clear his name, and commend the Manhattan DA for joining JJ in correcting this injustice.” ECBAWM lawyers Earl Ward, Jonathan Abady, Sam Shapiro, and Nick Bourland represent Mr. Velazquez.

On Friday, September 27, 2024, the Appellate Division, Fourth Judicial Department upheld the decision of the Erie County Supreme Court granting ECBAWM’s motion to vacate Brian Scott Lorenz’s conviction for the murder of Deborah Meindl.The Appellate Division has definitively rejected the District Attorney’s appeal of the Supreme Court’s decision, concluding in their Memorandum and Order that the DA’s claims “are without merit.” This decision marks one step closer to obtaining justice for Mr. Lorenz, who remains in prison. Mr. Lorenz is represented by Ilann Maazel and Emily Wanger. https://lnkd.in/e3vbhg5n

On Friday, September 27, 2024, New York County Supreme Court Justice Arthur F. Engoron denied Governor Kathy Hochul’s motion to dismiss a lawsuit filed by ECBAWM on behalf of the City Club of New York and Manhattan residents, challenging Governor Hochul’s unlawful unilateral halting of the implementation of New York City’s Congestion Pricing program.  This ruling clears the way for an order of mandamus, directing the New York State Department of Transportation to proceed with a Tolling Agreement with the federal government—the last step in the years-long process for implementing Congestion Pricing. Congestion Pricing, which was created by the State Legislature and signed into law by the then-governor in 2019, was set to begin on June 30, 2024, and is designed to reduce traffic congestion, curb emissions, and generate billions of dollars in revenue for public transit. On June 5, 2024, after backing the program for years, Governor Hochul suddenly withdrew her support for Congestion Pricing and unilaterally halted the roll-out of the program, leaving New Yorkers stuck in traffic and a massive hole in the MTA’s budget. On July 25, 2024, ECBAWM filed a lawsuit in New York County Supreme Court, arguing that it is unlawful for the Governor to unilaterally stop Congestion Pricing, which is required under state law to start on the date selected by the Triborough Bridge and Tunnel Authority. ECBAWM partner Andrew Celli remarked: “After decades of grassroots advocacy and democratic debate, the Legislature determined that Congestion Pricing will help reduce the City’s gridlock and air pollution and generate sorely needed funds for the MTA. Today’s victory makes clear that the Governor’s unlawful attempt to thwart the will of the Legislature and kill Congestion Pricing is subject to judicial review. We are pleased that this effort to protect this vital program will proceed and look forward to our next day in court.” The Petitioners are represented by ECBAWM attorneys Andrew Celli, Richard Emery, Nick Bourland, Eric Abrams, and Hafsa S. Mansoor, Esq.

On Wednesday, September 25, 2024, Judge Laura Taylor Swain held oral argument on a motion brought by ECBAWM and The Legal Aid Society’s Prisoners Rights Project to hold the City of New York in contempt for its failures to comply with court orders designed to prevent violence against incarcerated people in the City’s jails including Rikers Island. While Judge Swain reserved decision as to whether to hold the City in contempt, at the conference, the Judge instructed the parties to outline the authority or structure of a receiver, including the appointment process, powers, and tenue of any potential receiver. The Judge gave the parties until November 12, 2024, to submit their positions. This is a major step forward towards a possible receivership for New York City’s jails. ECBAWM attorneys Jonathan Abady, Debbie Greenberger, Katie Rosenfeld, Vasudha Talla and Sana Mayat represent the plaintiffs in this action. https://lnkd.in/ewgnK25b

On August 16, 2024, United States Magistrate Judge Robert W. Lehrburger granted in its entirety ECBAWM’s motion for reconsideration in Betances v. Fischer, a suit brought on behalf of a class of over 3000 individuals who were unconstitutionally administratively sentenced to terms of post-release supervision (“PRS”) by New York State corrections and parole officials. Early this year, the Court decertified the Plaintiff Class and called off a planned damages trial. ECBAWM then moved for reconsideration, urging the Court to keep the Plaintiff Class certified and to proceed with a trial to determine the Plaintiff Class’s general damages for lost liberty. On August 16, the Court granted ECBAWM’s motion for reconsideration, noting that it “agree[ed] that the decision to decertify the class was premature.” Now, as a result of this important victory in a case that has been pending for over a decade, the Plaintiff Class will remain certified and a trial will be scheduled to determine general damages for loss of liberty. ECBAWM attorneys Matt Brinckerhoff and Nick Bourland represent the Betances Plaintiffs.