No. 18-156

James H. Brady v. John Goldman, et al.

Lower Court: Second Circuit
Docketed: 2018-08-03
Status: Denied
Type: Paid
Response Waived
Tags: air-rights attorney-misconduct civil-procedure civil-rights commercial-transaction constitutional-rights court-injunction court-interference due-process false-statements filing-injunction standing subject-matter-jurisdiction takings
Key Terms:
SecondAmendment Privacy JusticiabilityDoctri
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Was the deprivation of the right to sue for damages against lawyers and law firms who schemed to steal contractual air rights unconstitutional?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Attorney-Defendants and law firms in this case were being sued for colluding to use false statements, false legal arguments, false instruments, calls for retaliation and using their “relationships” with : the Court’s to help their clients get away with seizing the $70-90 million dollars’ worth of air rights they all knew were contractually appurtenant to Petitioner’s 12th Floor and Roof Unit apartment. A scheme was made wherein Petitioner was told to waive his rights for free or otherwise AttorneyDefendants would litigate and use their relationships with the New York State Courts to steal the rights they knew were contractually guaranteed to Petition: er in the Co-op’s Offering Plan contract. The District Court dismissed the Complaint with prejudice. Although the Court stated it had no subjectmatter jurisdiction, it blasted Petitioner with ad hominem attacks and issued a filing injunction against him forbidding any further litigation “pertaining to the air rights appurtenant to his 12th Floor and Roof Unit apartment.” The Court of Appeals affirmed in a Summary Order and reargument and £n Banc Rehear. ing was denied. : THE QUESTIONS PRESENTED ARE: 1. Was it unconstitutional for Petitioner to be deprived of his right to sue for damages the lawyers and law firms that schemed together and used false © statements, false legal arguments, calls for retaliation, and their influence over the courts to help their New York City developer clients get away with stealing the $70-90 million in air rights they all knew were ; ii contractual appurtenant to Petitioner’s 12th Floor and Roof Unit Apartment? 2. Was it unconstitutional for the court to implement a filing injunction to prevent any further litigation pertaining to the air rights the court acknowledged are “appurtenant” to ‘Petitioner’s Manhattan commercial co-op apartment? ; 3. Are courts permitted to disregard waivers in ; commercial transactions? ; iii ; PARTIES TO THE PETITION Petitioners ; : e James H. Brady ; Respondents _« Richard M. Asche, Litman, Asche & Gioiella, LLP e Edward J. Reich, Dentons US LLP , e Kristen B. Weil, Dentons US LLP ; e Jamie Rebecca Wozman, Lewis Brisbois Bisgaard & Smith LLP . e Jennifer Smith Finnegan, Herrick, Feinstein LLP e Joseph P. Augustine, Augustine & Eberle LLP; e Thomas Dewey, Dewey Pegno & Kramarsky LLP e Keara A. Bergin, Dewey Pegno & Kramarsky LLP e Adam J. Richards, O’Reilly Stoutenburg Richards LLP : iv

Docket Entries

2018-10-09
Petition DENIED.
2018-09-12
DISTRIBUTED for Conference of 10/5/2018.
2018-08-27
Waiver of right of respondents Keara A. Bergin and Thomas E.L. Dewey to respond filed.
2018-08-21
Waiver of right of respondents John Goldman, Esq. Individually and as Member of Herrick, Feinstein LLP and Justin Blake Singer, Esq., Individually and as Member of Herrick, Feinstein LLP to respond filed.
2018-08-17
Waiver of right of respondents Dentons US LLP and Richard M. Zuckerman to respond filed.
2018-07-24
Petition for a writ of certiorari filed. (Response due September 4, 2018)

Attorneys

Dentons US LLP and Richard M. Zuckerman
Kristen B. WeilDentons US LLP, Respondent
Kristen B. WeilDentons US LLP, Respondent
James H. Brady
James H. Brady — Petitioner
James H. Brady — Petitioner
John Goldman, Esq. Individually and as Member of Herrick, Feinstein LLP and Justin Blake Singer, Esq., Individually and as Member of Herrick, Feinstein LLP
Ronald Jay LevineHerrick, Feinstein LLP, Respondent
Ronald Jay LevineHerrick, Feinstein LLP, Respondent
Keara A. Bergin and Thomas E.L. Dewey
Keara A. BerginDewey Pegno & Kramarsky LLP, Respondent
Keara A. BerginDewey Pegno & Kramarsky LLP, Respondent