Litigation

The United States complied with a federal court order and released a former Afghan militiaman from detention in Guantánamo Bay. Last year, Tara J. Plochocki, one of Mr. Haroon’s lawyers, described her client as “desperate to get home” to make sure his daughter gets an education. Ms. Plochocki credited State Department efforts “over the past two months” for arranging the transfer and said the decision in this case “shows that no one, not even the U.S. government, and not even in war, is above the law.”

The United States Supreme Court concluded in ZF Automotive US, Inc. v. Luxshare, Ltd. that federal district courts cannot order discovery for use in a private foreign arbitration via 18 U.S.C. § 1782—a statute that permits litigants to seek discovery in federal court for “use in a proceeding in a foreign or international tribunal.”  The unanimous decision narrows a useful discovery tool by prohibiting parties in or contemplating private, foreign arbitration from obtaining discovery through federal courts for use in that arbitration.

Mackenna White, a lawyer who counsels people as to the risks of publishing potentially contested accusations of sexual misconduct, said she worried that the online mockery of Ms. Heard would make some less likely to come forward.

“The absolute destruction of Amber Heard is going to have an impact,” Ms. White said. “If you’re someone who’s worried about what could happen if you speak out, this could have the same chilling effect that we’ve been trying to reverse all these years.”

The mayor and McCray were so closely involved that they interviewed Jaffe’s replacement, Nilda Hofmann, months before Jaffe even realized she was being pushed out, Jaffe’s lawyer John Moscow said.

“Why the mayor is interviewing people, I don’t know. Why the mayor’s wife is interviewing three star chiefs is totally beyond me,” Moscow said.

A federal judge has found that a former Afghan militant has been held unlawfully at the Guantánamo Bay detention camp, the first time in 10 years that a detainee has won such a case against the U.S. government, his lawyers said.

A federal judge has ruled that the United States has no legal basis for holding an Afghan man at Guantánamo Bay.

A US federal court has ruled that a detainee at the Guantanamo Bay detention centre has been unlawfully kept there, several days after he was cleared to be transferred out of the military prison.

The US court granted the petition for a writ of habeas corpus for Asadullah Haroon Gul, who has been detained without charge by the US since 2007. The decision marks the first time in a decade a Guantanamo detainee's imprisonment has been ruled unlawful.

The founder and minority shareholder of Tocqueville Management Corp. sued his successor and six of the successor's relatives in Delaware's Chancery Court on Tuesday, saying he was "utterly betrayed" by the man he allegedly groomed to take over the wealth management firm.

Lewis Baach Kaufmann Middlemiss PLLC is pleased to announce that John Moscow has been named to the 2021 New York Super Lawyers list. Each year, no more than five percent of the lawyers in each state are selected to receive this honor. In addition, A. Mackenna White has been named to the 2021 New York Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected to receive this honor.

Bilal Abdul Kareem, an American journalist based in opposition-held northwestern Syria, is petitioning the US Supreme Court to review his case accusing the government of placing him on a "kill list", and alleging that he was consequently targeted five times by US strikes in 2016.

The petition is the latest development in a years-long legal battle between the United States government and Abdul Kareem, and calls on the Supreme Court to decide whether a lower court erred in its dismissal of his case.

"What our case is really about is: can the United States kill a US citizen without due process, on the basis that its desire to execute its own citizens is a state secret?" Tara Plochocki, legal counsel for Abdul Kareem, told Middle East Eye.

A lawsuit that sought information about the drugs Indiana plans to use in lethal injections
and that motivated the Legislature to use a late-night session to keep the veil of secrecy
intact has come to a close, with the state paying more than $800,000 in legal fees and
disclosing that its supply of lethal injection drugs has long been expired.

Jack Gordon of LBKM, alongside Human Rights First and Reprieve US, filed an amicus curiae brief in support of the petitioner in Abdulsalam Ali Abdulrahman al-Hela v. Biden in the U.S. Court of Appeals for the District of Columbia. The case's central question is whether the Constitution’s Due Process Clause extends to individuals detained at Guantanamo Bay. Mr. al Hela has been held at Guantanamo without charge or trial since 2004. 

Gul “is a prisoner of war — a war that has been over for many years,” attorney Tara Plochocki argued Monday in court for his legal team, comprising people from human rights group Reprieve and the Lewis Baach Kaufmann Middlemiss law firm. “If the rule of law means anything, [he] must be released.”

For "any kind of foreign litigation or arbitration ... that involves transactions in U.S. dollars, there's at least a possibility that there's going to be information in the U.S. and that tends to be attractive," said Lewis Baach Kaufmann Middlemiss PLLC partner A. Katherine Toomey.

“When I made this public records request in 2014, I never imagined that the state would spend the next seven years fighting to prevent these records from being released to the public,” Toomey wrote in an email. “Transparency is a key principle of good governance and the rule of law. The state should not be operating in secret and refusing to disclose vital information to the public.”

The Indiana Supreme Court has ordered the Department of Correction to pay more than $500,000 in legal fees in a fight over one of the state's deepest, darkest secrets.

It all comes back to the convoluted legal fight that started in 2014 with a public records request from A. Katherine Toomey, a Washington, D.C., attorney who represents groups opposing the death penalty.

Justices divided 2-2 in a case brought by a Washington, D.C., attorney against the Indiana Department of Correction over Indiana’s “secrecy statute” that prohibits disclosure of the state’s lethal injection drugs and who supplies them.

With Justice Geoffrey Slaughter not participating, the remaining justices split in an order issued Thursday. By rule, the lack of a majority affirms the rulings of Marion Circuit Judge Sheryl Lynch, ordering DOC to disclose the records, awarding $538,000 in attorney fees to Washington attorney Katherine Toomey and granting other relief.

A Manhattan federal judge said Tuesday it is “exceedingly suspicious” that there are minimal emails discussing the decision to force the NYPD’s first female three-star chief into retirement.

A lawyer for Mohamed Soltan, a US citizen who has filed a lawsuit alleging torture in Egyptian custody, said that plain-clothes officers raided the homes of six family members Sunday, detaining two cousins.

"Now the Egyptian regime is arresting his relatives to try to intimidate him into silence. Such tactics have no place in the international community," said Eric Lewis, a lawyer for Soltan.

"Now the Egyptian regime is arresting his relatives to try to intimidate him into silence," said Soltan's lawyer Eric Lewis. "Such tactics have no place in the international community. Egypt cannot seek the benefits of membership in that community while denigrating human rights and behaving with impunity and lawlessness."

A U.S. Department of Justice lawyer argued Monday that the United States can kill its own citizens without judicial review when litigation would reveal state secrets.

Kareem’s attorney, Tara Jordan Plochocki, argued the government was radically expanding sovereignty, domestically and abroad, allowed under state-secrets privilege. 

“Whether that’s in a parking lot in the United States or abroad in Syria, the government has claimed — for the first time ever in this case — that it has unfettered and unreviewable discretion to kill US citizens at will,” Plochocki said. 

Even before all the votes are in, the Trump campaign is contesting them in several states. Some may wonder if this is Bush v. Gore all over again. But it’s a much different scenario. That race hinged on a few hundred votes in a few counties in just Florida.

Jeffrey Robinson was on the Gore legal team back then. He talks to KCRW about how the current challenges might proceed.

'Looking forward from this improbable ninth week of shutdown, I believe that litigation is about to enter another sea change,' writes Eric Lewis, a senior partner at litigation boutique Lewis Baach Kaufmann Middlemiss.

With the courts mostly closed, will sexual abuse plaintiffs get more time to sue? This article in City & State examines the effect of coronavirus-related court closures on Child Victims Act claims, quoting partner Jason Berland's recent piece in the New York Law Journal.

Lewis Baach Kaufmann Middlemiss PLLC is pleased to announce that three of its lawyers have been named to the 2020 Washington, DC Super Lawyers list. Each year, no more than five percent of the lawyers in each state are selected by the research team at Super Lawyers to receive this honor. 

Creating a potential Catch-22 for the adult survivors given the opportunity to bring claims during the one year look-back period, the COVID-19 crisis has closed state courts to any new civil case filings and effectively stopped any of these cases from proceeding.

Six LBKM professionals have been selected to the 2019 New York and Washington, DC Super Lawyers lists - an honor limited to 5 percent of the lawyers in each state. In addition, one LBKM professional has been selected to the 2019 New York Rising Stars list. 

A New York-based law firm that has focused on insurance litigation matters allegedly pocketed $1 million that was meant as a settlement payment in another case, a New Jersey-based insurance carrier has contended in New York state court.

CBS2's Marcia Kramer interviewed former NYPD chiefs Diana Pizzuti and Joanne Jaffe regarding their discrimination lawsuit against the City of New York and NYPD officials.

An amended complaint filed in Miami-Dade County alleges that Amicorp, an international trust services company, actively participated in a multi-million-dollar real estate fraud which victimized many Latin American families. 

Citing “egregious” misconduct by state prison officials in trying to evade a court order to produce public records concerning its efforts to obtain lethal-injection drugs, an Indiana judge has directed the state’s Department of Correction to pay more than a half million dollars in plaintiffs’ attorney fees. 

Marion Circuit Judge Sheryl Lynch awarded $538,000 in attorney fees to plaintiffs who sued the DOC to obtain records pertaining to the lethal injection protocols that would be used at the Indiana State Prison in Michigan City in the event an execution was carried out. Lynch’s order was issued Wednesday.

“We are gratified that the court recognized that, as a U.S. citizen, Mr. Kareem has the right to be heard in court before his government can decide to kill him, and we look forward to these proceedings continuing to a final resolution,” said Tara J. Plochocki, partner with the Lewis Baach Kaufmann Middlemiss law firm.

On October 19, 2021, the U.S. District Court for the District of Columbia granted Guantánamo detainee Asadullah Haroon Gul’s petition for a writ of habeas corpus, ruling that his detention is unlawful. The decision marks the first time a Guantánamo Bay detainee has won a habeas corpus petition in the last ten years.

A. Katherine Toomey gave a presentation on U.S. "sunshine laws" at the International Business Law Consortium Annual General Meeting, held September 30–October 1, 2021.

What are the pitfalls and best practices in vetting #MeToo accusations; how to preserve privacy and work with NDAs; defending libel claims when the alleged abuser or victim claims the other is a liar; are the standards the same for both alleged abusers and victims?; for the media that reports on it? 

As the suicide of U.S. Olympics gymnastics coach John Geddert, and the sexual abuse suit against previous coach Don Peters, reverberate across the globe, it will be all too easy for governing bodies to again dismiss the abuse allegations as isolated incidents.

LBKM wins summary judgment for pro bono client sued for defamation after sharing letter detailing sexual harassment.

In a decision issued on Feb. 5, the U.K. Supreme Court quashed a notice pursuant to Section 2(3) of the 1987 Criminal Justice Act, that sought to require a U.S. corporation, KBR Inc., to produce documents located in the U.S.  The decision has important consequences for cross-border discovery and investigations, as the U.S. and the U.K. appear to be taking divergent approaches.

Eric Lewis is interviewed extensively in The Andorra Hustle, a documentary by Eric Merola about FinCEN's use of the USA PATRIOT Act to shut down Banca Privada d'Andorra.

The Second Circuit held that 28 U.S.C. § 1782(a) cannot be used to support petitions for discovery for use in private foreign commercial arbitrations, settling an issue that has lingered unresolved in the circuit since 2004. The new decision, In re Guo, puts the Second Circuit squarely at odds with recent decisions issued by other circuit courts, raising the possibility that the Supreme Court will take up the issue next session to resolve the split. While Guo does not impact the ability of parties to foreign public arbitrations and litigations to take § 1782(a) discovery, for now at least, parties to private foreign arbitrations may have to look to more favorable circuits outside New York for relief.

Creating a potential Catch-22 for the adult survivors given the opportunity to bring claims during the one year look-back period, the COVID-19 crisis has closed state courts to any new civil case filings and effectively stopped any of these cases from proceeding.

In these tough times, when clients are looking to protect assets and increase revenue, it is more important than ever to ensure that their arbitral awards are collectible. A truly successful outcome requires the ability to enforce and monetize the award that was won in the arbitration. When faced with a recalcitrant award debtor, it is imperative to think strategically and work closely with counsel and experts to enforce and identify recoverable assets.