New York Post Reports on Lawsuit Filed Against Uber on Behalf of Assault Victim

On October 31, 2020, the New York Post reported that Brewer, Attorneys & Counselors filed a lawsuit against Uber on behalf of its client, identified in court papers as "Jane Doe."

As the Post reports, Brewer's client alleges she was attacked by her Uber driver in 2018, during what she assumed would be a safe ride home. She alleges that the incident left her with a fractured shoulder, post-traumatic stress disorder and years of anxiety and depression.

The lawsuit, filed in Manhattan Federal Court, alleges that even though Uber has acknowledged that thousands of its female passengers have been sexually assaulted during rides, the company still fails to monitor its drivers with in-vehicle video or by checking when a driver deviates from an assigned route.

“It infuriates me. I don’t think they’re doing enough to protect women. Here they are promoting being a safe ride home," the woman told the Post, noting that she'd been an Uber VIP for five years. “I had no clue you would basically be on your own if this happens."

William A. Brewer III, partner at Brewer and counsel to "Jane Doe" said, "Uber knew that this car picked this woman up, they knew where the intended location was and they knew that this Uber driver stopped off route for 15 minutes. They knew it.

“They also know that thousands and thousands of women have been sexually assaulted before that night by their drivers, yet they’re advertising themselves as the safe alternative to a yellow cab or some other type of transit after dark,” he continued.

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The National Law Journal Reports NRA's Claims Against Winston & Strawn Can Proceed

On October 23, 2020, The National Law Journal reported that Brewer, Attorneys & Counselors’ client, the NRA, can move forward with part of its lawsuit against Winston & Strawn.

According to the report, "Judge Robert Rigsby, of the District of Columbia Superior Court, said the NRA had 'sufficiently stated' a claim against Winston & Strawn for unjust enrichment, after an email allegedly revealed a Winston partner’s undisclosed ties to a neutral in an arbitration."

The lawsuit, filed July 29, 2020, in the Superior Court of the District of Columbia, alleges that in a recent arbitration, the NRA discovered on the eve of the final hearing that the arbitrator, Judge Richard Neville, was conducting a secret email discussion group – participated in by a senior partner of opposing counsel, Winston – where lurid white nationalist propaganda was shared and promoted. The communications revealed that Judge Neville shared a close, undisclosed relationship with Winston Partner Terry Grimm, according to the NRA. The NRA brought the action to recover amounts expended during the corrupted arbitration proceeding, and to uncover facts about the extent of the bias that tainted the proceeding.

“We appreciate the prompt attention of the court—and look forward to bringing the facts regarding Winston & Strawn’s undisclosed relationship with Judge Neville into full public view,” William A. Brewer III, partner at Brewer and counsel to the NRA, said in a statement. “This is a disturbing record. There should be no place in the legal profession that tolerates such racist communications—or which turns a blind eye to the principles that govern the sanctity of the arbitration process.”

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ACLU Backs Brewer Client NRA After New York AG's Action

August 26, 2020 – The American Civil Liberties Union (ACLU) is backing Brewer, Attorneys & Counselors client the National Rifle Association (NRA) as New York Attorney General (NYAG) Letitia James attempts to dissolve the organization.  

ACLU National Legal Director David Cole wrote a commentary published in The Wall Street Journal titled, “The NRA Has a Right to Exist: New York Attorney General Letitia James’ attempt to dissolve the 150-year-old organization is unconstitutional government overreach."   

Cole writes that, “Our democracy is premised on the right of association. The First Amendment protects not only the right to speak, but also to band together with others to advance one’s views. Making or resisting change in a democracy requires collective action, and a healthy democracy therefore demands a robust ‘civil society.’ The right to associate can’t survive if officials can shut down organizations with which they disagree.” 

Cole points out that the NRA’s lengthy history includes “a range of lawful and properly tax-exempt pursuits” – including teaching gun safety, educating the public and lobbying for gun rights laws.  

He also observed that two years ago, the ACLU supported the NRA’s lawsuit against New York Governor Andrew Cuomo charging that he had violated the group’s First Amendment rights.  Read more.

Arkansas AG Condemns Attack on NRA, Praises NRA Legal Strategy

NBC News

Arkansas Attorney General Leslie Rutledge issued a commentary today condemning a lawsuit filed by New York Attorney General Letitia James against Brewer client, the National Rifle Association (NRA). The commentary, “Guns, The NRA and the Second Amendment are Under Assault from the Left,” dated August 21, 2020, exposes the political motivations behind the James complaint.

Rutledge writes, “Just three months before a presidential election, New York Attorney General Letitia James has filed suit against the NRA and several members of its leadership, seeking to have the gun rights organization dissolved. This lawsuit, filed in New York state court, is the apex of a longstanding feud between the NRA and the Democratic state attorney general. James attacked the NRA while she was a candidate for attorney general, calling it a 'terrorist organization' and a 'criminal enterprise.'”

The Arkansas AG credits the NRA – “a “good defender of freedom” – for confronting the James attack.

Rutledge writes, “…like any good defender of freedom, the NRA is fighting back. The same day New York filed its state suit, the NRA filed its own lawsuit in federal court, pointing to then-candidate James’ campaign promise to ‘take on the NRA’ if elected. The NRA claims that James’ lawsuit is nothing more than a politically motivated stunt to deliver on that promise — not a response to any real fraud.”

She continues, “The NRA’s lawsuit is based on the First Amendment and similar New York state law. The NRA argues that it is being targeted for its pro-Second Amendment advocacy and that James’ request to dissolve the NRA is nothing more than an attempt to silence political speech.”

Read the editorial [here.]

The Hill Publishes Editorial Critical of the New York Attorney General's Lawsuit Against NRA

On August 8, 2020, The Hill published an editorial regarding the dissolution lawsuit that New York Attorney General Letitia James filed against Brewer's client, the NRA. 

Written by George Washington University Professor of Public Interest Law Jonathan Turley, the editorial, titled "The Tragic Irony of the New York State Lawsuit Against the NRA," is critical of James for "politicizing her office." It notes that she referred to the NRA as a “terrorist organization" -- an act, he states, of "legal trolling."

Turley writes, "That is what makes the NRA complaint so tragically ironic: If using power to benefit yourself rather than your organization is the measure, James’s complaint is a self-indictment. Her demand to dissolve the NRA undermines the case presented by her office, in order to pander to voters. While dissolution is absurd, James has shown that absurdity and popularity often go hand-in-hand in New York politics." 

Turley further states, "Trying to dissolve or criminalize an organization engaged in the exercise of political speech should not occur absent overwhelming proof that it is a criminal enterprise."

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Brewer Client NRA Files Lawsuit Against New York Attorney General Letitia James

On August 6, 2020, Brewer, Attorneys & Counselors filed a lawsuit on behalf of its client, the National Rifle Association of America ("NRA"), against New York Attorney General ("NYAG") Letitia James, both individually and in her official capacity. 

Filed in the United States District Court for the Northern District of New York, the lawsuit notes that, under the guise of protecting New Yorkers and enforcing state nonprofit law, the NYAG has weaponized its regulatory and legal powers to harm a political adversary. 

Attorney General James famously vowed to "target the NRA" and "investigate the legitimacy of the NRA as a charitable organization" while on the campaign trail in July 2018 – before taking office and without any evidence of compliance failures. The NYAG later announced an investigation of the NRA and, predictably, sued the Association. 

The NRA’s lawsuit states that the Association "brings this lawsuit for declaratory and injunctive relief under the First Amendment of the United States Constitution, as well as for a judicial declaration of what is obvious: the NRA operates in substantial compliance with New York not-for-profit law."

The New York Sun commentary, “The NRA’s Fight in New York is for All Americans,” discusses the importance of the case.

Read the complaint here.

New York Post Reports on Brewer's Representation of NRA in New York Gun Store Lawsuit

On April 3, 2020, the New York Post reported on the NRA filing a federal lawsuit challenging New York Governor Andrew Cuomo's decision to label gun stores "non-essential" businesses. 

The article, titled "NRA sues NY for calling gun stores 'non-essential' amid coronavirus," reports that the NRA lawsuit asks the court to declare gun stores essential businesses that can operate during the coronavirus crisis.

The article quotes NRA lawyer William A. Brewer III of Brewer, Attorneys & Counselors. "The current public health emergency does not justify the complete elimination of this right [to bear arms], especially during a time when many New Yorkers have valid concerns about their physical safety and welfare," Brewer said.

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Brewer News Release: NRA Files Lawsuit Against State of New York, Seeks Gun Stores to be Designated “Essential” in Wake of Shutdown

New York, NY…April 3, 2020 – Brewer, Attorneys & Counselors announced today that its client, the National Rifle Association of America (“NRA”), filed suit against New York Governor Andrew Cuomo, the New York State Department of Economic Development, and New York State Department of Economic Development Acting Commissioner, President, and CEO Eric Gertler in response to the state’s attack on the rights of New York citizens and residents to exercise their Second Amendment freedoms.

The lawsuit focuses on Executive Order 202.8, issued by Gov. Cuomo on March 20, 2020, in response to the COVID-19 health crisis. According to the lawsuit, that order “effectively and indefinitely suspended a key component of the Second Amendment to the United States Constitution – shutting down all gun stores in the State of New York, including federally licensed gun stores, by deeming them ‘non-essential’ businesses.” Under the order, “essential” businesses are permitted to remain open. According to the NRA, the order had the intended effect of eliminating the only way of legally purchasing firearms in the state.

“There isn’t a single person who has ever used a gun for self-defense who would consider it nonessential,” said Wayne LaPierre, NRA CEO & Executive Vice President. “This is clearly another assault by Gov. Cuomo on the NRA, on the rights of New Yorkers to defend themselves and their families, and on our Second Amendment freedoms. The NRA will continue to fight all such attacks until Gov. Cuomo recognizes that constitutional rights are for every New Yorker and every American – and not just for politicians and their privileged friends.”

Filed on April 2, 2020, in the United States District Court for the Northern District of New York, the lawsuit states, “Reasonable steps to prevent the spread of the COVID-19 Coronavirus do not include the suspension of the Second Amendment. Plaintiff asks the Court to declare that the Second Amendment right to bear arms requires that citizens and residents of New York be afforded reasonable access to purchase firearms and ammunition, and to prohibit Defendants from needlessly forcing gun stores to remain closed.”

“The right to keep and bear arms is enshrined in the Constitution, in part, to give Americans the ability to defend themselves and their families,” said William A. Brewer III, counsel for the NRA and partner at Brewer, Attorneys & Counselors. “The current public health emergency does not justify the complete elimination of this right, especially during a time when many New Yorkers have valid concerns about their physical safety and welfare. Our client believes that Gov. Cuomo is again weaponizing the power of his office – to prevent gun owners from exercising the rights to which they are entitled.”

The NRA has approximately 5 million members.

As stated in the lawsuit, on March 28, 2020, the United States Department of Homeland Security issued a list of critical infrastructure “intended to help State, local, tribal and territorial officials as they work to protect their communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security.” This list of critical infrastructure includes: “Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.”

In the wake of this guidance, a litany of states and municipalities clarified that gun stores are “essential.” For example, on March 30, 2020, New Jersey Gov. Phil Murphy announced that gun stores will be classified as “essential businesses” and allowed to reopen.

Gov. Murphy stated, “In accordance with the guidance released over the weekend by the federal Department of Homeland Security, we will allow firearms sellers to operate.”

Unfortunately, New York refused to clarify or reexamine its position as it relates to gun stores. However, liquor stores remain “essential businesses” under the governor’s order last month.