Rivera v. Lutheran Medical Center. Article from the New York Law Journal – LAW.COM, October 28, 2008, NYLJ, p.1., "Morgan Lewis Disqualified From Representing Non-Party Hospital Witnesses in Litigation"

PLAINTIFF MOVED to disqualify defendants' law firm, Morgan Lewis & Bockius, from representing defendants and former and current Lutheran Medical Center [LMC] employees who LMC identified as witnesses in plaintiff's suit. He argued the firm violated the Code of Professional Responsibility in offering to represent, free of charge, the employees, who are non-party witnesses in the case. The court found the subject witnesses were not parties to the litigation and there was no chance they would be subject to any liability. It stated they were solicited by Morgan Lewis to gain tactical advantage in the litigation by insulating them from any informal contact with plaintiff's counsel. The Court ruled this conduct was particularly egregious as Morgan Lewis effectively “did an end run around the laudable policy consideration of promoting the importance of informal Discovery practices in litigation,” by violating the Code. Thus, plaintiff's motion to disqualify the firm from representing the subject witnesses was granted.

-This NY Law Journal article was based on Rivera v. Lutheran Medical Center, 22 Misc.3d 178 (Sup. Ct., Kings Cty. 2008) affd. 73 A.D.3d 891 (2d Dept 2010). In the underlying action, Rich represented a hospital employee who sued for discrimination and retaliation. The employee was terminated after a deaf family member settled her discrimination case for $200,000 against the hospital, his employer. She had sued that same hospital when it refused to provide her a sign language interpreter during her 5 day admission. The hospital moved to dismiss the retaliation and disability claims brought under the NYC Human Rights Law. The hospital lost that motion. Rich cross-moved to disqualify their lawyers from representing several of the witnesses claiming the firm unethically solicited the witnesses as clients. The firm was disqualified and then resigned from the case. The Plaintiff’s claim was later settled for a significant undisclosed amount.

Loeffler v. Staten Island Univ. Hosp., 582 F. 3d 268 (2d Cir. 2009); U.S. Court of Appeals for the Second Circuit reversed District Court’s dismissal of negligence and civil rights actions under federal, state and city laws for damages by deaf patient, deaf wife and hearing children where parents were denied rights to sign language interpreters and hospital compelled hearing minor children to interpret for their deaf parents, even following deaf father’s stroke. The case settled for an undisclosed sum of well over a million dollar amount that parties agreed could be described as in the “low seven figures.”

See also, analysis of Loeffler case jurisprudence in Univ. Of Chicago Law Review article, “Revitalizing the Law That Preceded the Movement: Associational Discrimination and the Rehabilitation Act of 1973,” Chamusco B., 84 U. Chi. L. Rev. 1285 (2017), SI Advance, Oct. 16, 2009.

Delano-Pyle v. Victoria County, Texas, 302 F.3d 567 (5th Cir. 2002, rehearing en banc, denied at 54 Fed. Appx. 415, cert. denied by US Supreme Court at 540 U.S. 810 (2003)). The US Court of Appeals for the Fifth Circuit upheld a federal jury verdict in US District Court, Southern District of Texas, finding wrongful arrest and imprisonment in violation of plaintiff’s civil rights by Victoria County, Texas Sheriff who administered oral field sobriety test to deaf driver suspected of intoxication. Houston Chronicle, July 30, 2000.

Morsette v. Final Call, 278 A.D.2d 81 (1st Dep't 2000) denial of defendants’ summary judgment motion in libel action where appeals Court held that altering plaintiff’s photo to depict her in prison garb by Nation of Islam official newspaper, was question of fact for jury. At trial, Plaintiff was awarded a $1.3 million verdict. NY Daily News, June 8, 2001, It was subsequently modified at 309 A.D.2d 249 (1st Dep't 2003).

Owens v. Comcast Corp., (2004 U.S. Dist. LEXIS 23498, E.D.Pa. 2004) The Court denied summary judgment in a claim that it retaliated against a female news reporter of color when it reversed it decision to promote her to news anchor after learning she had sued its subsidiary, QVC, for racial discrimination. After losing its motion, the Fortune 50 company settled for a substantial undisclosed amount.

Velez v. QVC, Inc., 227 F.Supp.2d 384 (E.D.Pa. 2002) denial of summary judgment to television shopping network in claim by group of minority show hosts for discriminatory termination and failure to promote where network had history of hiring minority show hosts, only to bury them in graveyard shift time slots and refusing to feature minority on-air hosts during daytime and prime-time. NY Times, 1998 and 1999.

Mitch “Blood” Green v. Mike Tyson, (Sup. Ct., NY Cty., Ind. 16850/1989), Rich succeeded at trial in an assault and battery lawsuit on behalf of world ranked contender Mitch "Blood" Green against former heavyweight boxing champion, Mike Tyson. The assault arose when Tyson blindsided the then #6 world ranked heavyweight when Green approached Tyson for a rematch of their prior 12 round match that Tyson won by decision at Madison Square Garden. NY Daily News, Sep. 30, 1997, Green v. Tyson match-Wikipedia, Boxing Hall of Fame Media Clips-Youtube.