Brewer Client NRA Sues City of San Francisco
The New York Times reported that Brewer, Attorneys & Counselors client the National Rifle Association (NRA) sued San Francisco on September 9, 2019, for allegedly violating the NRA’s First Amendment speech rights after the city’s board of supervisors declared the NRA a terrorist organization.
William Brewer, the NRA’s outside counsel, called the city’s action “an assault on all advocacy organizations across the country.”
The lawsuit was filed in United States District Court in San Francisco. The Times reported that the suit alleges that the city moved to “blacklist anyone linked to the N.R.A.” The suit also called the designation a “frivolous insult” but contended that “San Francisco’s actions pose a nonfrivolous constitutional threat.”
“In the face of recent, similar blacklisting schemes,” the lawsuit continued, “financial institutions have expressed reluctance to provide bank accounts for disfavored political groups, and city contractors fear losing their livelihoods if they support or even work with the N.R.A.”
The Washington Post also reported on the lawsuit, noting that the NRA alleges the resolution is “obviously unconstitutional.”
The Real Deal Reports on Real Estate Lawsuit in South Florida
The Real Deal South Florida Real Estate News reported on Brewer, Attorneys & Counselors client Wayne Goldberg, a retired hospitality executive, suing the development group Fernbrook Florida over a penthouse condo he alleges he was falsely induced to purchase in the luxury Sabbia Beach development in Pompano Beach, Florida, overlooking the Atlantic Ocean.
The lawsuit was filed in Broward County Circuit Court and the complaint alleges that the developer “held units off the market in order to create the appearance that units were in high-demand and to inflate sales prices.” The lawsuit contends that when he visited the penthouse that he “observed multiple severe, material deviations from the agreement and its amendments” and that a personal elevator had been placed in front of the “much-vaunted windows of the penthouse overlooking Pompano Beach.”
Brewer Client NRA Takes Step Forward in New York Lawsuit
An article from the New York Law Journal, “NRA Could Obtain Internal State Documents in Lawsuit Against Cuomo, DFS, After US Judge’s Review,” dated August 9, 2019, reports that a “series of documents that state officials from New York have wanted to withhold from the National Rifle Association in its lawsuit against Gov. Andrew Cuomo and a state agency will be reviewed by a federal judge in the coming weeks and could ultimately be disclosed to the gun lobby group.”
“For months, Gov. Cuomo and DFS have tried to conceal from the public, and the court, documents demonstrating the state’s internal rationale for its blacklisting campaign against the NRA,” said William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel for the NRA. “The NRA will aggressively pursue all the facts and press every advantage in this important advocacy.”
Brewer added, “This decision is a positive development for the NRA and its millions of members.”
The article states that the NRA is suing Cuomo, the Department of Financial Services and its former Superintendent Maria Vullo over claims that they “deliberately infringed on the group’s First Amendment rights through state actions.”
Dallas Morning News Reports on High-Profile Real Estate Lawsuit
Brewer, Attorneys & Counselors announced the filing of a lawsuit on June 18, 2019, on behalf of its client, Megatel Homes, against United Development Funding and Centurion American Development Group. Dallas Morning News Real Estate Editor Steve Brown wrote about the filing in an article titled, “Dallas builder Megatel seeks millions in damages from developer and finance firm.”
The lawsuit, which was filed in the 160th Judicial District Court in Dallas County, Texas, alleges that Megatel’s joint venture partners, UDF and Centurion, conspired to take advantage of Megatel. The lawsuit alleges breach of fiduciary duties and breach of good faith and fair dealing, among other claims.
"As alleged in the petition, our client believes that defendants conspired against their company to unfairly remove it from significant projects and to gain financial benefits to which defendants were not entitled," William A. Brewer III, partner at Brewer, Attorneys & Counselors and counsel for Megatel, said in a statement. Megatel is seeking more than $100 million.
The article reported that, “Among Megatel's charges is a claim that Centurion American sold homebuilding sites in its new communities that had been pledged to Megatel to other builders in order to raise cash.”
Megatel Homes was founded by brothers Zach and Aaron Ipour, and is a top-ten homebuilder in Dallas-Fort Worth.
Brewer Firm Announces Lawsuit Against Wafra
On April 11, 2019, Brewer, Attorneys & Counselors announced that it has filed an unlawful termination and age discrimination lawsuit on behalf of its client, Francis (“Frank”) Lively, against Wafra Investment Advisory Group, Inc. (“Wafra”) and its Chief Executive Officer Fawaz Al-Mubaraki (collectively, “Defendants”). The lawsuit alleges that Lively, a successful 64-year-old real estate executive, was terminated as part of an unlawful discrimination and retaliation campaign directed against elder employees at Wafra. That same day, Bloomberg reported, “Former Wafra Real Estate Head Sues Over Age Discrimination.”
Please find the press release here, summarizing some of the key claims and allegations. The advisory also includes a comment on behalf of plaintiff, Mr. Lively, from William Brewer.
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.”
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.”