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TAXI LAW Padberg, et al. v. McGrath-McKechnie, et al Federal District Court for the Eastern District of New York | Ind. No. 00 Civ. 3355 | Judge Raymond J. Dearie This federal class action challenged a policy instigated by Mayor Giuliani and the TLC—dubbed Operation Refusal-- by which they would suspend licenses without hearings, confiscate taxicabs and seek revocations—all for a single service refusal offense. At least 100 drivers had their licenses revoked; more than 500 (perhaps even 1000) were summarily suspended. Judge Dearie held the hearing procedure unconstitutional. Following a ruling by Judge Dearie signaling that the revocation policy would likely be found illegal, the city agreed to a settlement on the eve of trial by which cabbies received $121.50 per day for each day they suffered an unconstitutional suspension. Cabbies whose licenses were revoked received an additional $26,000 and are be eligible for reinstatement. All fines were to be repaid. For more on the settlement, which the District Court approved on August 23, click on the links below. Settlement Background Press Coverage Documents: The Complaint Preliminary Injunction Motion Summary Judgment Motion Reply Brief Summary Judgment Decision. Press Coverage Rule 54 Motion State Supreme Court Strikes Down Operation Refusal The Corruption of the Judges-Bias Brief Bias Reply Brief Motion To Amend The Complaint Motion to Amend - Reply Motion to Amend - Decision Motion to Certify - Reply Petition For Certiorari Reply Brief - Cert Petition Decision re the Deposition of Rudolph Giuliani Nnebe v. Daus Federal District Court for the Southern District of New York | Ind. No. 06 Civ. 4991 (RJS)(AJP) | Judge Michael Sullivan This case challenges the TLCs unwritten rule by which it suspends the licenses of taxi drivers based on the mere fact that the cabbie has been arrested. After the suspension, the TLC offers the cabbie a putative “hearing” to determine whether that suspension should be continued. Even then, the TLC’s handpicked judges disregard the facts and circumstances of the arrest and “recommend” in virtually every case that the suspension be continued. The TLC Chairman accepts the so-called recommendations without fail. In short, the TLC suspends first and asks questions later—and then ignores the answers. Motions for summary judgment are pending. DOCUMENTS: Attorney-Client Privilege Decision (2007 U.S. Dist. LEXIS 32981) Summary Judgment Opposition Brief Summary Judgment Reply Brief Attorney-Client Privilege Brief Summary Judgment Letter TLC Cover-Up 2007 TLC ALJ Manual Rothenberg v. Daus This case challenges the TLC’s unwritten policy by which it automatically revokes the licenses of drivers convicted of a crime regardless of circumstances or because a driver fails a drug test. Ackman v. Giuliani, Index No. 101652/00 New York State Supreme Court, Index No. 101652/00 | Justice Parness This case established the public’s right of access to TLC courts FROM THE DECISION: "It has been repeatedly recognized that New York State possesses a 'strong public policy ... of public access to judicial and administrative proceedings.' ... Plaintiff is entitled access to the TLC hearings...." Smith v. McGrath-McKechnie, et al Federal District Court for the Eastern District of New York | Ind. No. 01 Civ 1786 (RJD) | Judge Raymond J. Dearie There is a scene in the movie The Verdict where attorney Frank Galvin (played by Paul Newman) insists to his date that the idea of a court is not to dispense justice. The court, Galvin says, exists to give people "a chance at justice." But even in this ideal, the New York City Taxi & Limousine Commission has a problem, because most cabbies believe that in the TLC's courts, they have no chance. The Smith case illustrates this phenomenon. As one cabbie obtained an injunction against his suspension and later a cash payout. Plaintiff's Documents: Ackman Declaration Amended Complaint Ackman Supplementary Declaration Reply Memorandum of Law Contact: Dan Ackman  e-mail: d.ackmanATComcast.net