NRA Allowed to Depose Former DFS Superintendent - New York Law Journal
The New York Law Journal reports that the National Rifle Association will be allowed to depose former New York Department of Financial Services Superintendent Maria Vullo in the group’s lawsuit against the state over what it has argued was a violation of its free speech rights and selective enforcement of the state’s insurance regulations. The article, “NRA Allowed to Depose Former DFS Superintendent Vullo in Lawsuit Against NY,” explained that the decision from U.S. Magistrate Judge Christian Hummel is significant. The article states, “It’s rare that high-ranking state or federal officials are required to testify as part of any litigation. They’re often granted immunity from testimony as a high-ranking government official.”
“Today’s ruling is gratifying, and correct. As the head of a major financial regulator, Ms. Vullo singled out the NRA to suppress its speech. She should answer questions regarding this conduct,” said William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel for the NRA. “This is a significant development for the advocacy of the NRA. We are anxious to discover all the facts and bring them into open view—to the benefit of the Association and the First Amendment.”
DMN Columnist Quotes Partner on Importance of the Texas Open Meetings Act (TOMA)
Dallas Morning News Watchdog Columnist Dave Lieber quoted Partner William Brewer in a column that appeared on the front page of the March 15, 2019 Metro Section print edition of the newspaper. The column was critical of a recent Texas Court of Criminal Appeals decision striking down a key provision of the Texas Open Meetings Act (TOMA) that outlaws “walking quorums.”
Such walking quorums occur when a governing body meets in a smaller group to avoid a quorum and deliberates on future actions in secret, thus circumventing the TOMA requirement that meetings that constitute a quorum must be held in public. The Storefront, the firm’s pro bono community service affiliate, has previously brought lawsuits under this provision.
Additionally, the column highlighted that Brewer has sued several local school districts over voting rights and also has brought lawsuits over open meetings violations.
Brewer discussed the importance of open government: "People act better when they include all points of view, and they have to make a decision out in the open,” he said. “Government works better in the cleansing light of these sunshine laws.”
Lawsuit Claims Lewisville ISD Electoral System Violates Voting Rights Act of 1965
Brewer Storefront filed suit in federal court on February 12, 2019, on behalf of plaintiff Frank Vaughan, against the Lewisville Independent School District (LISD) and its trustees, alleging that the school district’s election system violates the Voting Rights Act of 1965.
Filed in the United States District Court for the Eastern District of Texas, Sherman Division, the lawsuit claims that the school district’s at-large voting system denies Hispanic, African American and Asian voters a fair opportunity to elect school board representatives of their choice. The Storefront is the community service legal affiliate of Brewer, Attorneys & Counselors.
The lawsuit alleges that, based on the district’s demographics, one would expect that a Latino, African American or Asian school board member could be elected. Yet, all seven school board members are white.
“Our client believes the voting scheme utilized by Lewisville ISD unfairly denies people of color a fair opportunity to elect candidates of their choosing – trustees that represent their interests, schools and communities,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff Frank Vaughan. “We believe the school board should adopt a more representative electoral process to serve this multiracial and ethnically diverse school district.”
The Dallas Morning News published an article about the lawsuit on the front page of the newspaper’s print edition on February 13. Other local media outlets reported on the lawsuit, including Community Impact and The Cross Timbers Gazette.
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.”