January 10, 2019 — 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.”
Texas Tribune Reports on Brewer Storefront Lawsuit
December 31, 2018 — 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.”
New York Post Reports on Lawsuit Brought by Dallas Investor
December 11, 2018 — The New York Post reports on a lawsuit filed by Brewer firm client and Dallas investor Mark Hurley against Emigrant Bank and New York billionaire Howard Milstein.
The 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.”
Law360 Publishes Firm Commentary on Cannabis Industry
December 3, 2018 — Partner William Brewer and Consultant Peter Schwartz wrote an expert analysis opinion piece published in Law360 today, 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
November 14, 2018 — James Freeman, assistant editor of The Wall Street Journal editorial page, wrote an editorial today 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.”
Reuters Columnist Writes About Firm’s Free Speech Advocacy for NRA
November 7, 2018 — Reuters legal writer Alison Frankel wrote an opinion piece today about the firm’s representation of the National Rifle Association (NRA). The piece, “In NRA v. NY, a Timely Reminder That Officials Can’t Use Their Power to Squelch Free Speech,” reports that a federal judge has upheld the NRA’s major First Amendment claims against New York Governor Andrew Cuomo and the New York State Department of Financial Services.
Frankel writes, “The National Rifle Association’s favorite part of the Bill of Rights is the Second Amendment, but it was the Constitution’s protection for free speech that kept alive the NRA’s lawsuit accusing top New York officials of pressuring insurers to ditch the gun rights group.” She adds, “To paraphrase the cliché, you can deplore what the NRA has to say but nevertheless defend its right to speak without government interference.”
The article quotes partner William Brewer, lead attorney for the NRA. He says the forward movement of this case upholds “basic First Amendment principles” and “marks a significant development for not only the NRA, but all advocacy groups engaged in political speech under the protections of the First Amendment.”
NYLJ Reports that NRA’s Lawsuit Against Gov. Cuomo Moves Forward
November 6, 2018 — The New York Law Journal reports that a lawsuit brought by firm client the National Rifle Association (NRA) on First Amendment claims against New York Gov. Andrew Cuomo and the Department of Financial Services (DFS) will move forward. The article reports that “U.S. District Judge Thomas McAvoy of the Northern District of New York wrote in a lengthy decision that the NRA’s claims that actions by Cuomo and Department of Financial Services Superintendent Maria Vullo stifled its free speech were sufficient enough to be evaluated at trial.”
The highly-anticipated decision follows a hearing in Albany on September 10, 2018.
“This decision upholds not only the NRA’s First Amendment claims, but basic First Amendment principles,” said firm Partner William Brewer, lead attorney for the NRA in the matter. “The motion to dismiss was a misguided attempt to avoid addressing the substance of this case. As the court recognized, the NRA deserves its day in court – and we look forward to it. We are eager to proceed with discovery, which we believe will reveal more troubling facts about defendants’ abuse of state power to suppress opposing political views.”
Firm Represents Hotel Operator in Lawsuit Against Gansevoort Hotel Group, LLC
October 30, 2018 — Brewer, Attorneys & Counselors announced that it has filed a lawsuit against Gansevoort Hotel Group, LLC (“Gansevoort”) on behalf of its client, the operator of Gansevoort Turks + Caicos, a Wymara Resort (the “Resort”). The lawsuit claims the Resort has been adversely impacted by Gansevoort’s failure to maintain and grow the Gansevoort hotel brand.
Filed in New York Supreme Court on October 26, 2018, by Wymara Ltd. and Wymara Developments Ltd. (together, “Operator”), the suit seeks declaratory relief to safeguard Operator’s significant financial investment in the Resort, as well as monetary damages to compensate it for the losses the Resort has incurred as a result of Gansevoort’s breaches of contract.
“Our client believes Gansevoort Hotel Group failed to meet its obligation to maintain the quality of the brand, leaving our client with significant damages,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel for Operator. “In fact, our client’s resort is now one of only two Gansevoort-branded properties remaining in the world – and there are no plans to grow the brand in the future. Of course, this reality is a far cry from the promises made to our client – that Gansevoort would be a luxury brand.”
The New York Post reported on the lawsuit in an article dated Oct. 30, 2018, titled “Caribbean resort sues to get out of pact with ‘outdated’ Gansevoort Hotel.”