Brewer Storefront Announces Resolution of Richardson ISD Voting Rights Act and Texas Open Meetings Act Cases
The Brewer Storefront announced on January 17, 2019, that a settlement was reached with the Richardson Independent School District (“Richardson ISD”) in the Voting Rights Act and Texas Open Meetings Act (“TOMA”) lawsuits filed against the school district last year on behalf of plaintiff and former Richardson ISD school board trustee David Tyson, Jr.
The parties’ agreement resolves all claims against Richardson ISD. All seven members of Richardson ISD’s school board are currently elected at-large. Mr. Tyson claimed that the district’s voting scheme violates the Voting Rights Act of 1965. The agreement provides for a new electoral system consisting of five single-member districts and two at-large districts.
“We are pleased that the Richardson ISD school board agreed to adopt an electoral system that provides minority voters a fair opportunity to participate in the political process,” said William A. Brewer III, partner at Brewer Storefront, the firm’s community service legal affiliate. “We also commend the board members for taking steps to provide greater transparency in connection with their decision making. This is a transformational outcome for the local community – a moment that celebrates all who were part of this agreement and hopefully provides instruction to other school boards across the state.”
Joining Brewer in representing Mr. Tyson were Partner Michael J. Collins and Katherine Leal Unmuth of the Brewer Storefront’s Public Affairs Division.
The Dallas Morning News, Texas Tribune and other media outlets reported on the news. The Dallas Morning News published an article on the settlement on the front page of the January 18, 2019, newspaper.
Court Enters Final Judgment, Awards Firm Client $9.76 Million in Life Insurance Lawsuit Against Transamerica
Brewer, Attorneys & Counselors announced today that a California federal court entered a final judgment that awards its client, DCD Partners, LLC, nearly $9.8 million plus post-judgment interest. In addition, the judgment contains a permanent injunction, which enjoins Transamerica Life Insurance Company from continuing to charge excessive rates while the case is on appeal.
The final judgment, filed December 13, 2018, arises out of a suit filed in 2015, which alleged that the insurer imposed unprecedented and exorbitant increases in premiums on thousands of life insurance policies in 2013. The final judgment comes after two separate trials: a four-day jury trial in September 2017, in which a jury unanimously decided in favor of DCD Partners; and a February 2018 bench trial.
“The jury verdict and final judgment send a clear message to Transamerica: insureds have contractual rights that cannot be ignored in Transamerica’s seemingly endless pursuit of profits,” said partner William A. Brewer III. “This case underscores the rights of insureds.”
Firm Named to 2019 Vault “Top 150 Under 150” List
Brewer, Attorneys & Counselors was named to the 2019 Vault “Top 150 Under 150” list of leading small and midsized law firms in the U.S. with 150 or fewer attorneys.
According to Vault, the firms on the list are “known for providing top-notch service and delivering big results.” Vault developed the list of highly sought-after law firms after reviewing Vault survey data, news stories and legal publications.
The firm is described by Vault as “the type of high-powered, bet-the-bank commercial litigation firm you would see on prime time.” Vault is known for its influential rankings across many industries and professions.
New York Post Reports on Lawsuit Brought by Dallas Investor
The New York Post reported on a lawsuit filed by Brewer firm client and Dallas investor Mark Hurley against Emigrant Bank and New York billionaire Howard Milstein.
The Dec. 11 article, “Milstein heir dished divorce dirt on business rival: suit,” reports that Milstein allegedly hired a private investigator to follow Hurley “to gain leverage in a contentious business deal” as the pair “tangled” over the sale of the Fiduciary Network, a private-equity vehicle.
The lawsuit was filed on Dec. 7, 2018, in the District Court of Dallas County, Texas. According to the complaint, “This case involves a multi-year scorched-earth campaign, led by New York real-estate and banking scion Howard Milstein, to wrest control of a once-successful business (for pennies on the dollar) by disrupting its contractual relationships and defaming its founder.”
Texas Tribune Reports on Brewer Storefront Lawsuit
The Texas Tribune published an in-depth article regarding the latest voting rights lawsuit brought by Brewer Storefront, the firm’s community service legal affiliate. The firm recently filed a lawsuit against the Richardson Independent School District on behalf of plaintiff and former RISD Trustee David Tyson. The Dec. 11 article is titled “Richardson ISD’s student demographics have significantly changed. The makeup of its school board hasn’t.”
The article highlights the firm’s long track record of advocacy in the area of voting rights and states, “Over the last several years, William Brewer, a Dallas corporate lawyer with a reputation for playing hardball, has challenged North Texas school districts and city councils to change their elections systems — and his firm hasn’t lost a voting rights fight yet.”
The article is part of an education series being published by the Tribune titled “Dis-Integration.”
Partner William Brewer Writes about Home-Sharing Services in Hotel Business Review
Partner William Brewer wrote in Hotel Business Review about how home-sharing services are poised for growth, and the subsequent legal issues that homeowners in the business are facing. The Dec. 9, 2018, article is titled “More Than Just Hot ‘Air’: A Legal View of Short-Term Home-Sharing.” The article emphasizes that home-sharing has “sound legal footing” in the hospitality arena.
The article confronts the challenges faced by homeowners as urban and suburban communities attempt to regulate home-sharing activity. Brewer writes that, “These legal issues have brought the need for experienced attorneys, those well-versed in the ever-expanding caselaw and circumstances facing the hospitality industry. As artificial barriers – economic and even non-economic restrictions – are interposed to limit the use of their assets, homeowners will need to coalesce behind advocates able to break them down.”
Consultant Peter J. Schwartz contributed to the article.
Law360 Publishes Firm Commentary on Cannabis Industry
Partner William Brewer and Consultant Peter Schwartz wrote an expert analysis opinion piece published in Law360 on Dec. 3, 2018, titled “Jury Saves The Day in Misguided Cannabis Lawsuit,” about a lawsuit challenging the growing legal U.S. cannabis industry. They emphasized the need for attorneys to understand the legal and regulatory landscape of this booming industry.
The article cited a civil lawsuit brought by landowners in Rye, Colorado, against their neighbor, cannabis cultivator Camp Feel Good, claiming in part that their property was devalued by offensive odors. The landowners alleged a violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act. Ultimately, a jury ruled in October in favor of the of the cannabis cultivator. However, the article noted that similar lawsuits are being filed.
“These legal issues bring the need for attorneys to be well-versed in the ever-expanding case law facing the cannabis industry,” Brewer and Schwartz wrote. “As barriers — economic, structural and legal — are interposed to thwart commerce, business owners and industry investors will need to unite behind advocates able to break them down.”
Wall Street Journal Editorial Writer Endorses NRA Lawsuit
James Freeman, assistant editor of The Wall Street Journal editorial page, wrote an editorial on November 14, 2018, in support of the firm’s client, the National Rifle Association (NRA), in its First Amendment case against New York Gov. Andrew Cuomo and the New York State Department of Financial Services.
On November 6, 2018, Judge Thomas J. McAvoy upheld the NRA’s First Amendment freedom-of-speech claims – the crux of its complaint against the State of New York. The opinion piece, “The NRA Will Have Its Day in Court,” underscores the key themes of the NRA’s case and summarizes what has become one of the most closely-watched cases of its kind.
Freeman writes, “...no elected official in the country has more aggressively sought to limit free speech rights than Gov. Andrew Cuomo. Now he will have to answer for it in court.”
Freeman continues, “There is an enormous interest for all Americans in making sure that a politician like Mr. Cuomo cannot abuse his authority to silence law-abiding citizens with whom he disagrees.”