New York Law Journal Reports on NRA Cert Petition to SCOTUS
February 8, 2023 — The New York Law Journal reports that Brewer client the National Rifle Association of America (NRA) is asking the U.S. Supreme Court to consider its suit against former New York Department of Financial Services Superintendent Maria Vullo, "whom the gun-rights advocacy group accused of threatening insurers because they did business with the NRA."
According to the NRA, Vullo and former New York Governor Andrew Cuomo engineered a 2018 “blacklisting campaign” against the NRA. The Association filed a lawsuit in May 2018, alleging the campaign was retaliation for the NRA’s viewpoint of speech. The State of New York filed a Motion to Dismiss, and, on November 6, 2018, U.S. District Judge Thomas J. McAvoy issued a highly-anticipated decision, which upheld the NRA’s First Amendment freedom-of-speech claims — the crux of its complaint. That decision was overturned by the United States Court of Appeals for the Second Circuit on September 22, 2022.
The New York Law Journal notes that the petition for a writ of certiorari was signed by NRA's counsel, William Brewer III, and First Amendment scholar and law professor Eugene Volokh. Together, they argue that the Second Circuit’s opinion “gives state officials free rein to financially blacklist their political opponents—from gun-rights groups, to abortion-rights groups, to environmentalist groups, and beyond.”
“It also permits selective investigations and penalties targeting business arrangements with disfavored speakers, even where the regulator premises its hostility explicitly on an entity’s political speech and treats leniently, or exempts, identical transactions with customers who lack controversial views,” they wrote.
Brewer told the Journal that reversal of the Second Circuit’s ruling is “important not only to the NRA but all advocacy groups that rely upon the protections of the First Amendment.”
NRA Files Cert Petition with U.S. Supreme Court; Seeks Review of Case Against Former New York Governmental Official Tied to “Blacklisting Campaign”
February 8, 2023 – Brewer, Attorneys & Counselors client, the National Rifle Association of America (NRA), filed a petition on February 7, 2023, for a writ of certiorari with the U.S. Supreme Court, seeking review of a controversial judgment issued by the United States Court of Appeals for the Second Circuit in NRA v. Maria T. Vullo. The matter in question is one of the nation’s most high-profile First Amendment cases. First Amendment scholar Eugene Volokh joins as counsel on the brief.
As the former Superintendent of the New York State Department of Financial Services (DFS), Vullo, at the behest of former New York Governor Andrew Cuomo, allegedly wielded DFS's regulatory power to financially blacklist the NRA – coercing banks and insurers to cut ties with the Association, in order to suppress its Second Amendment speech. The lawsuit's allegations are explosive and include backroom threats by Vullo against regulated firms, accompanied by offers of leniency on unrelated infractions if regulated entities agreed to blacklist the NRA.
The NRA's First Amendment claims withstood multiple motions to dismiss during the course of 2018 – 2020. But in 2022, after Vullo appealed the trial court's ruling on qualified immunity, the Second Circuit struck down the NRA's claims – ruling, among other things, that in an era of “enhanced corporate social responsibility,” it was reasonable for New York's financial regulator to warn banks against servicing gun groups.
“The NRA is pursuing judicial review of a record that is equally disturbing and unconstitutional: New York state officials weaponizing the powers of their office against a political adversary,” says William A. Brewer III, counsel to the NRA. “This case is important not only to the NRA but all advocacy groups that rely upon the protections of the First Amendment.”
Along with Volokh, Brewer is joined on the brief by firm partner Sarah B. Rogers and counsel Noah B. Peters.
The Dallas Morning News Reports on Brewer Storefront Client, Lawsuit Against Chase Bank
January 25, 2023 – The Dallas Morning News reports that Brewer Storefront client Shirley Ison-Newsome, a former longtime Dallas Independent School District administrator, alleges she was the victim of a financial scam reported to JPMorgan Chase – and the bank allegedly failed in its obligation to protect her funds. Ms. Ison-Newsome has filed a lawsuit against Chase alleging negligence, among other claims.
The article, “Two elderly scam victims in Dallas demand Chase recover $55,000 in stolen funds,” reports that someone stole thousands of dollars from Ison-Newsome. She and another, unrelated female fraud victim reportedly alerted Chase to stop questionable withdrawals – but Chase contends the women authorized the transfers and can do little about it. Ison-Newsome’s lawsuit alleges that her bank account was drained by more than $51,000.
Ison-Newsome says she was on her computer when she received a notice she had been hacked and was provided a phone number to call. A phone representative said they could work with her bank to protect her account. She became uncomfortable with exchange, and went immediately to Chase Bank the next morning to file a report. She was assured by bank officials her money was still in her account, as she had timely reported the potential scam. Chase allegedly froze her old account, and helped her set up a new one – to protect her assets. Ison-Newsome says that when she logged into the new account about a week later, the money was gone.
“I worked all my life,” she said. “I paid my bills on time. I tried to do the right thing. I’ve been with Chase for over 20 years, and I trusted Chase.”
The Season for Celebration – FLP Students Secure College Offers
Students from the Brewer Foundation Future Leaders Program (FLP) have a lot to celebrate heading into the new year: acceptances into some of the nation’s most prestigious colleges and universities.
Student Raul Lopez, who attends the Barack Obama Male Leadership Academy, was accepted to Northwestern University. Student Erica Salazer, who attends the Yvonne A. Ewell Townview Center – Law Magnet, was accepted to Southern Methodist University. Student Judith Rodriguez, who attends Irma Lerma Rangel Young Women’s Leadership School, was accepted to Grinnell College through a match as a QuestBridge Scholar.
Founded in 2001, the FLP is a public-private partnership that provides academic training, mentoring and counseling to deserving students from the Dallas Independent School District (DISD). The programs partners teachers and administrators from DISD, The Hockaday School, St. Mark’s School of Texas, The Episcopal School of Dallas, and the Greenhill School.
As the first program of its kind, the FLP has helped its students earn more than $12.5 million in scholarship offers since its inception.
“Testament to the program’s success is the ‘report card’ on where many of these amazing students go to college,” says William A. Brewer III, a founder of the FLP. “They are beginning an incredible academic journey, which holds promise for themselves, their families, and the community. We could not be more proud of all they continue to achieve or the promise of their horizons.”
Law360: NY Appellate Court Reverses Times Square Hotel Ruling
December 6, 2022 – Law360 reports that Brewer client M&C New York LLC, owner of the former Novotel Times Square Hotel, has prevailed in its appeal of a lower court ruling that dismissed a breach of contract lawsuit against the hotel's former manager, hotel operator Accor Management US Inc.
According to the report, "The appellate court favored hotel owner M&C New York (Times Square) LLC's argument that it had complied with the provisions of its hotel management agreement with operator Accor Management US Inc. when it issued an April 2019 notice of default due to the manager's alleged negligent accounting, misuse of hotel funds, unsupported payments and fee overcharges. The appeals court also rejected Accor's claims that it was protected by a safe harbor provision in section 14.3 of the hotel management agreement."
Counsel for M&C New York, William A. Brewer III, told Law360 the decision paves the way for a trial, which is expected to shed light on Accor's management of the former Novotel Times Square.
“This case underscores the principles that govern the relationship between owners and management companies,” says Brewer. “Our client believes Accor sought protections to which it was not entitled – and failed in its obligations to manage the property in owner’s best interest. This case is a cautionary tale for owners throughout the Accor system, and we are eager to proceed to trial.”
Read the report (subscription required).
Houston ABC-13 Reports on Brewer Storefront Voting Rights Act Case
November 10, 2022 – ABC 13 Eyewitness News in Houston reported on a Voting Rights Act lawsuit brought by Brewer Storefront against Pearland Independent School District. Brewer Storefront is the community service affiliate of the Brewer law firm.
The report notes that two parents, Storefront clients Dona Kim Murphey and Jessica Garcia Shafer, are suing the school district, challenging the at-large election system. The report adds that the lawsuit argues the election system denies fair representation to voters of color in the diverse district. The complaint claims that since 2018, 11 minority candidates have had an unsuccessful bid in the school board elections, including the plaintiffs.
The news station interviewed Brewer Partner William Brewer about the case. “We believe this election system violates Section 2 of the Voting Rights Act of 1965, because it enables the majority to discriminate against, frankly, a very healthy minority," Brewer said.
The complaint in part states that, “"In practice, the at-large system discourages minority or minority-preferred candidates from seeking office, because it effectively functions as a white-controlled referendum on all candidates. In PISD, a bloc of white voters controls all seven trustee positions.”
To read more, click here.
Best Lawyers Recognizes Brewer, Attorneys & Counselors for Commercial Litigation
November 8, 2022 – Best Lawyers recognized Brewer, Attorneys & Counselors in its “U.S. News-Best Lawyers” 2023 “Best Law Firms” awards. The firm was recognized in both Dallas and New York for Commercial Litigation in Tier 3.
Rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys, and the review of additional information provided by law firms during the submission process.
Eligibility is based on firms that have at least one lawyer who has been recognized in the previous edition of Best Lawyers. Firm Partner William Brewer has been recognized in the area of Commercial Litigation since 2007. The Best Law Firms ranking process involves a submission process, ranking by tiers, and then award notification.
Lawsuit Claims Pearland ISD Electoral System Violates Voting Rights Act of 1965
November 3, 2022 — Brewer Storefront filed suit in federal court on behalf of plaintiffs Jessica Garcia Shafer and Dona Kim Murphey against the Pearland Independent School District (PISD) and its trustees, alleging that the school district’s election system violates the Voting Rights Act of 1965 because it denies fair representation to voters of color.
Filed in the United States District Court for the Southern District of Texas, Galveston 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 at least one Latino, African American or Asian school board member could be elected. Yet, all seven school board members are white.
“Our clients believe the at-large election system used by Pearland ISD denies citizens of color a fair opportunity to elect candidates of their choosing,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for the plaintiffs. “The at-large voting scheme utilized by the school district is pernicious and unconstitutional. Our clients believe the system should be abandoned – to enable a more inclusive future and where every citizen’s voice is valued in the process of electing school district board members.”
Home to more than 21,000 students, PISD is a richly diverse school district. As of the 2020-21 school year, students of color formed nearly 67% of the total student body, according to the Texas Education Agency (“TEA”) 2020-21 Texas Academic Performance Reports (TAPR). About 33% of all PISD students were white, 36.8% Hispanic, 11.1% Asian, 14.9% African American, and 3.9% two or more races.
Under the current electoral system, school board members are elected at large. Candidates run for “places” but do not represent any specific geographic area. The lawsuit claims the at-large system rewards white voters for voting as a bloc and denies political opportunity to non-white voters.
Shafer, who is Hispanic, and Murphey, who is Asian, both previously ran for the PISD school board and lost – Shafer in 2020 and 2021, and Murphey in 2019. They are also mothers whose children attend PISD schools. Ms. Murphey holds an MD PhD and Ms. Shafer is a trained epidemiologist. They both lost to white candidates who allegedly benefited from the at-large voting system.
In referring to PISD’s at-large election system, the lawsuit states: “In practice the at-large system discourages minority or minority-preferred candidates from seeking office because it effectively functions as a white-controlled referendum on all candidates. In PISD, a bloc of white voters controls all seven Trustee positions.”
The lawsuit alleges that PISD has a history of minority candidates running for the board and losing to white candidates. Since just 2018, 11 minority candidates have run for the board and lost.
According to the lawsuit, the numbers of Hispanic, African American and Asian voters are sufficiently large and geographically compact such that at least one single-member electoral district could be created in which voters of color are a majority.
The lawsuit says, “The chilling effects of the at-large system empowers the current Board, which fails to reflect the composition of the real stakeholders in the public-school system.” The lawsuit adds, “PISD’s discriminatory voting system is a relic of the District’s past and must be changed.”
The Storefront has successfully challenged violations of the Voting Rights Act on behalf of other communities of interest in previous actions.
The Storefront successfully resolved Voting Rights Act cases with the Richardson Independent School District in January 2019, the Carrollton-Farmers Branch Independent School District in 2015, and the Grand Prairie Independent School District in 2014. All districts now utilize remodeled voting systems. The Storefront also secured trial victories in Voting Rights Act cases against the Irving Independent School District in 2014, the City of Farmers Branch in 2012, and the City of Irving in 2009. Those lawsuits paved the way for the formation of new voting systems and the election of minority candidates.
Mr. Brewer is joined in representing plaintiffs by Blaine Adams, an associate in the firm’s Dallas office.