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PENDING CASES:

 

William R. Weinstein, individually and on behalf of the People of the United States of America v. Donald J. Trump, President of the United States of America, et al., No. 17-CV-1018 (S.D.N.Y.) – seeking the exercise of federal court's equitable powers to impose a constructive trust on the profits earned from the payments by foreign officials to President Trump’s businesses, direct an accounting of those profits by a special master, and require the payment of those profits to the United States Treasury for the benefit of the People of the United States

Click here to view the Amended Class Action Complaint.

 

Emilio v. Sprint Spectrum, L.P., No. 11-CV-3041 (S.D.N.Y) – asserting deceptive practice claim under Kansas Consumer Protection Act on behalf of Sprint's New York wireless telephone customers regarding charges imposed for New York State Excise Tax

Click here to view the Amended Class Action Complaint.

 

Click here to view the November 12, 2014 Decision of the United States Court of Appeals for the Second Circuit affirming the February 11, 2014 Decision of the United States District Court for the Southern District of New York.

 

Click here to view the February 11, 2014 Decision of the United States District Court for the Southern District of New York confirming the Arbitrator's Final Award holding that the class action waiver was unenforceable and that Emilio could pursue his class claims in a court action.

 

Click here to view the January 18, 2013 Decision of the United States Court of Appeals for the Second Circuit vacating in part the District Court Decision denying Emilio's petition to confirm the March 10, 2011 Partial Final Award of the arbitrator, and remanding to the District Court for further proceedings in connection with that petition.

 

Click here to view the March 10, 2011 Partial Final Award of the arbitrator, Hon. Kathleen A. Roberts, declining to enforce of class action preclusion clause in the arbitration agreement under the Kansas Consumer Protection Act and awarding Emilio the right to proceed with his class claims in a court action.

 

Click here to view the Second Amended Demand for Class Arbitration

 

Click here to view the March 12, 2009 Decision of the United States Court of Appeals for the Second Circuit affirming the District Court Decision compelling Sprint to continue arbitrating in JAMS.

 

Click here to view the October 25, 2006 Decision of the arbitrator, Hon. Kathleen A. Roberts, declining to enforce of class action preclusion clause in the arbitration agreement under the Kansas Consumer Protection Act.

 

 

SETTLED CASES:

 

Emilio v. Robison Oil Corp., No. 1412-2003 (N.Y. Sup. Ct. Westchester County) (Scheinkman, J.) – Settlement of action challenging pricing practices by New York ESCO in connection with annual fixed price electric supply contracts, including mid-term price increases and failure to provide advance notice of price changes

 

Click here to view the February 3, 2012 Order and Final Judgment Approving Settlement.

 

Click here to view the Parties' November 14, 2011 Settlement Agreement.

 

Click here to view the Court's November 18, 2011 Preliminary Approval Order.

 

Click here to view Plaintiff's First Amended Class Action Complaint.

 

Click here to view the 2009 Decision of the Appellate Division, Second Department, granting Plaintiff's motion for Class certification.*

 

Click here to view the 2006 Decision of the Appellate Division, Second Department, granting Plaintiff leave to amend his complaint to assert claims for breach of contract and violations of New York General Business Law § 349.*

 

Florio v. New York City, No. 06-CV-6473 (SAS) (S.D.N.Y.) – Settlement requiring disability parking accommodations in New York City under the ADA for severely mobility-disabled persons who neither reside, work or attend school full-time in New York City.

Click here to view the Stipulation of Settlement approved by the District Court on February 22, 2010.

 

Click here to view the Second Amended Class Action Complaint.

  

Click here to view the July 21, 2008 Decision of the District Court sustaining Plaintiff's claim under the ADA.

 

Lonner v. Simon Property Group, Inc., No. 2246-2004 (N.Y. Sup. Ct. Westchester County) (Scheinkman, J.) – Settlement of action challenging Dormancy Fee practices in New York regarding Simon Gift Cards sold on or before April 29, 2005.

Click here to view the November 3, 2010 Order and Final Judgment Approving Settlement.

 

Click here to view the Notice of Proposed Settlement of Class Action and Fairness Hearing, and Claim Form/Release.

 

Click here to view the July 9, 2010 Settlement Agreement and exhibits.

 

Click here to view the June 29, 2009 Decision of the New York Supreme Court, Westchester County, granting class certification motion.

 

Click here to view the 2008 Decision of the Appellate Division, Second Department, sustaining Plaintiff's claims for breach of contract and violations of New York General Business Law § 349.*

 

Click here to view Plaintiff Lonner's Amended Class Action Complaint.

 

Click here to view Plaintiff Goldman's Amended Class Action Complaint.

 

Kitamura and Landa v. Trump Parc Condominium, et al., No. 603562-2008 (N.Y. Sup. Ct. New York County) (Fried, J.) – Settlement of action asserting claims on behalf of former owners of units of Trump Parc Condominium for their pro rata share of tax and interest refunds paid by the New York City Department of Finance for tax years 1994/1995 through and including 2007/2008.

Click here to view the December 15, 2010 Order and Final Judgment Approving Settlement.

 

Click here to view and download the Notice of Pendency and Proposed Settlement of Class Action and Fairness Hearing.

 

Click here to view and download the Claim Form/Release.

 

Click here to view the parties' July 28, 2010 Settlement Agreement and exhibits.

 

Click here to view Plaintiffs' Class Action Complaint.

 

 

* Cases Reprinted from Westlaw with permission of Thomson Reuters. If you wish to check the currency of this case, you may do so by using KeyCite on Westlaw by visiting www.westlaw.com.

 

 


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Law Offices of William R. Weinstein  199 Main Street, 4th Floor, White Plains, New York 10601

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Last updated:
5/4/2017