Supreme Court Decision on Purdue Pharma Settlement

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The Supreme Court determines that members of the Sackler family cannot be shielded from liability for civil claims related to the opioid epidemic

Eisenberg and Baum’s Michael Quinn successfully represented a respondent who opposed the Purdue Pharma settlement at the United States Supreme Court.

On June 27, 2024, the Supreme Court issued its decision in Harrington v. Purdue Pharma LP, rejecting a settlement that would have, in part, shielded the Sackler family from lawsuits despite the fact that the family made billions of dollars from selling prescription opioids.

In a 5-to-4 decision, the justices found that Purdue’s settlement deal violated bankruptcy law by including liability releases for the pharmaceutical company’s owners and operators.

If you have been affected by the opioid crisis and have questions about pursuing legal claims, call or contact us to request a free consultation.

Diversability and E&B law: Disability and Employment Rights

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Eisenberg & Baum, LLP, in partnership with Diversability, hosted “Unplugged: Disability and Employment Rights” in New York City and virtually. The speakers were Lucy Trieshmann (they/she), Associate Attorney, Eisenberg & Baum, LLP; Reyna Lubin (she/her), Partner, Eisenberg & Baum, LLP; and Emma Farley (she/her), Disability Studies scholar, activist, and entrepreneur. The panel is available here: https://www.youtube.com/watch?v=CS6dC4aq7YI.

“We’re so thrilled to collaborate with Tiffany Yu and Diversability. Their work is sterling, and we too believe justice should be accessible to all,” said David John Hommel, a law partner with Eisenberg & Baum, LLP and the founder of its Disability Rights Group. “For that reason, we offer free initial consultations and work on a contingency-fee basis, meaning our plaintiffs only pay if the firm wins the case. That way, we can vindicate someone’s rights without the threat of a financial risk.”

Employees have certain rights in the workplace, including protection from harassment and discrimination, equal pay for equal work, access to accommodations, confidentiality of medical history, and the ability to report discrimination without fear of retaliation. They discussed challenges faced by disabled people at work and efforts to promote inclusion. Topics included disability rights, accommodation requests, the impact of COVID-19, legal help, advocacy, and navigating academic environments.

Disability Justice

Disability justice addresses broader, more inclusive perspectives. It recognizes overlapping oppressions based on race, gender, sexuality, class, and disability. Its goal is to dismantle all forms of oppression through liberation and solidarity among social justice movements. It values community support over individualism and advocates for those most affected by injustices to lead.

It challenges societal norms that perpetuate discrimination beyond legal rights and aims for cultural, social, and economic growth. It promotes the overall well-being of disabled individuals to create an inclusive and equitable society.

Employment Challenges

The panelists noted that only 22.5% of disabled individuals are employed compared to 68.5% of non-disabled individuals. They stressed the need for better policies and accommodation processes, ongoing conversations, advocacy, and education to promote inclusion.

Self-Advocacy

Advocacy and self-empowerment was a major point of the discussion. They stressed honesty in accommodation requests and highlighted understanding workplace policies and seeking help when necessary. There are challenges of self-advocacy, especially for minorities, but are ample benefits of legal action and documentation.

The panelists highlighted the paradox of needing accommodations in an inclusive environment and stressed knowing your rights and seeking legal help if necessary. They recommended documenting interactions with employers and approaching accommodation discussions diplomatically.

Seeking Legal Help

The panelists encouraged individuals to build supportive networks and prioritize their well-being while advocating for their workplace rights. E&B offers free consultations and resources for those facing discrimination and encourages reaching out to disability rights organizations and state agencies.

Eisenberg & Baum, LLP Submits Amicus Brief to Support Disability Rights in New York State

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This week, Eisenberg & Baum, LLP filed an amicus brief in the disability and labor rights case Andersen v. Roberts on behalf of fifteen organizations, led by Legal Services of Central New York. The underlying case, brought by the Empire Justice Center and later joined by the National Center for Law and Economic Justice, considers whether New Yorkers with disabilities have the same right to receive credit for work performed as a requirement of receiving public assistance that non-disabled people do.

Andrew Rozynski, David John Hommel, and Lucy Treishmann prepared the brief on behalf of the following organizations as amici:

  • Legal Services of Central New York (LSCNY)
  • The Autistic Women & Nonbinary Network (AWN)
  • Cardozo Bet Tzedek Legal Services (CBTLS)
  • Center for Independence of the Disabled, New York (CIDNY)
  • Cornell Law School’s Veterans Law Practicum
  • The Disability Rights Bar Association (DRBA)
  • The Disability Rights Education and Defense Fund (DREDF)
  • Disability Rights New York (DRNY)
  • The Legal Aid Society
  • The Legal Aid Society of Mid-New York Inc.
  • Legal Assistance of Western New York, Inc. (LawNY)
  • The National Homelessness Law Center (NHLC)
  • The National Partnership for Women & Families
  • New York Legal Assistance Group (NYLAG)
  • The Transgender Legal Defense and Education Fund (TLDEF)

In Summary

Fifteen organizations, led by Legal Services of Central New York, support the plaintiffs in the Andersen v. Roberts disability and labor rights case in New York. Eisenburg & Baum LLP wrote the amicus brief, accepted by the court on May 6, 2024.

The case questions whether New Yorkers with disabilities should receive equal credit for work done as part of public assistance requirements. Plaintiffs argue that the New York State Office of Temporary and Disability Assistance (OTDA) unfairly denies credit for work hours to disabled individuals who later receive Supplemental Security Income (SSI), going against a 2015 ruling.

OTDA agreed to credit work for some public assistance recipients but hasn’t applied this to individuals with disabilities receiving SSI retroactively. Instead, OTDA demands repayment from the SSI award, violating the 2015 ruling.

The amicus brief argues that OTDA’s policy discriminates against people with disabilities and lacks a rational basis, further disadvantaged them economically.

The Andersen case appeal is set for May 28, 2024. LSCNY and other supporting organizations urge the court to uphold the ruling in favor of the plaintiffs.

Navigating Legal Rights and Advocacy for Seniors with Celiac Disease in Senior Care Facilities

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Living with celiac disease presents unique challenges, especially for seniors who may require accommodations in care facilities. Understanding your legal rights is crucial to ensure proper care and access to gluten-free options. Below you will find important legal considerations and advocacy strategies for seniors with celiac disease in senior care facilities.

Insights from Legal Experts

This information was explained in a webinar hosted by Andrew Rozynski and David John Hommel, two attorneys specializing in disability discrimination. With their expertise in the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), they provided valuable insights into the legal protections available to seniors with celiac disease. Their webinar served as an educational platform and a call to action.

Understanding Legal Protections

The ADA defines disability broadly, including impairments that substantially limit everyday life activities. For seniors with celiac disease, this means that requesting gluten-free options in senior care facilities is not just a dietary preference but a reasonable accommodation that is protected under the law. Providing generic gluten-free items like broccoli and grilled chicken may not fulfill legal obligations, as shared food experiences are vital for residents’ social interaction and well-being. Don’t hesitate to ask our team of professionals any questions regarding this matter.

Effective Advocacy Strategies

Advocating for your needs requires diligence and hard work. Alerting all levels of staff, including marketing departments, about the importance of accommodating celiac disease is essential. Additionally, building support networks, both internally and externally, can provide valuable guidance and reinforcement. Furthermore, collaboration with advocacy organizations not only educates facilities but also empowers seniors to get what they are entitled to under the law.

Navigating Healthcare and Legal Systems

Navigating healthcare and legal systems can be daunting, but it’s essential for seniors with celiac disease to ensure they receive the necessary support and protection. Understanding your rights under civil rights laws, such as the ADA, is crucial. Facilities cannot terminate services or evict seniors for asserting their rights, but knowing how to navigate possible challenges is important. 

Choosing Accommodating Senior Care Facilities

When selecting senior care facilities, be sure to do your research. Seeking recommendations and insights from others with celiac disease can help identify accommodating facilities. Sometimes, waiting for legal action may not be an immediate option, so prioritizing finding a safe environment is crucial

In conclusion, seniors with celiac disease have the right to advocate for themselves and ensure access to gluten-free options in senior care facilities. By understanding their legal protections, employing effective advocacy strategies, and choosing accommodating facilities, seniors can navigate senior care with confidence and dignity. If legal issues may arise, contact us at E&B Law, where we are always advocating for people and their rights. 

 

E&B Law Partner Michael Quinn named among Forbes List of Top 200 Lawyers in the U.S.

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Michael Quinn, a partner at Eisenberg & Baum LLP, recently earned a place on Forbes America’s Top 200 Lawyers list.   According to the magazine, the inaugural list “highlights the finest practitioners in the profession– lawyers with stellar track records in their specialties, those who have broken barriers to emerge as leaders in their fields, and attorneys most respected by peers and clients.”

The lawyers selected on the list underwent a multi-step selection process. Editors from the storied publication researched, evaluated, and rated thousands of candidates in the legal field. While some lawyers on the list are widely recognized, others may be less known. This does not make them any less accomplished in their respective fields. They all share a reputation for integrity, excellence, and acknowledgment from Forbes as the best in their profession.

Michael Quinn stands out for his work as the leader of the Art & Culture Practice Group at Eisenberg & Baum LLP. He advises his clients on various business and personal matters include artist-gallery relationships, licensing art, buying and selling artworks, managing estates, and resolving disputes.

Positive Change 

Beyond his professional achievements, Michael is also involved in making positive changes in the community. He’s a founding member of P.A.I.N. (Prescription Addiction Intervention Now) and a Trustee of the Sculpture Center.

Forbes noted that Michael gained attention for his representation of artist Nan Goldin in her campaign against Purdue Pharma. This work involved legal action against Purdue and the Sackler family with the aim of raising awareness about the opioid epidemic.

Michael Quinn’s recognition on the Forbes America’s Top 200 Lawyers list is a testament to his dedication, expertise, and the impact he’s made in both the legal and art worlds. When artists and organizations need legal guidance, Michael Quinn is there to provide trusted advice and support. Eisenberg & Baum is proud to have him as a partner of the firm.

Promotion to Partners: Reyna Lubin and David John Hommel

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It is with great enthusiasm and profound respect that we celebrate the well-deserved promotion of Reyna and David John to partners within our esteemed firm. Their ascent to this prestigious position is a testament to their exceptional legal skill, unwavering dedication to justice, and their significant impact on communities in need. They have taken the firm’s commitment to service and turned it into a tangible force for good, reaching out to those who felt beyond the reach of justice. They have shown that law is more than statutes and precedents; it’s about people, community, and making a real difference.

Reyna, with her brilliant understanding of what it takes to win cases, has consistently demonstrated an ability to navigate the most intricate of legal challenges with grace and strategic finesse. Her commitment to her clients is unparalleled, and her courtroom advocacy is both powerful and inspiring.

David John, a strategic advocate in his practice, brings a level of scholarship and eloquence to our firm that elevates all of our collective work. His written arguments are compelling, his insights profound, and his ability to persuasively convince judges and juries is something to be seen.

Together, Reyna and David John have not only secured victories in the courtroom but have also championed the cause of those who are underrepresented and underserved. Their efforts extend beyond legal victories; they are architects of hope, building bridges to access and equity for those who have long been marginalized.

As partners, Reyna and David John will continue to drive our firm’s legacy of excellence, compassion, and change. They are not just lawyers; they are leaders who embody the spirit of our firm’s mission to make a difference.

As partners, they’re not just leading cases; they’re leading change. Their passion, vision, and unwavering commitment to what’s right inspire us all. We’re not just proud to call them colleagues; we’re honored to stand beside them as they carve new paths of possibility for those we serve.

Congratulations, Reyna and David John. Here’s to the journey ahead, to the lives you’ll touch, and to the legacy we will all build – together.