Challenge to New York State’s Charter School Funding Law

Herrick achieved an important victory on behalf of the plaintiffs in Brown v. New York, securing a ruling in New York State Court denying a motion to dismiss our lawsuit challenging New York State's method of funding public charter schools. Our clients, five families whose children attend charter schools in the state and a Charter School advocacy organization for its member New York charter schools, argue that New York's practice of providing charter students with as little as three-fifths of what district students receive in the same community, violates the state Constitution and disproportionately affects children of color and lower incomes. The ruling was particularly important as similar claims raised by charter school parents in four others states – North Carolina, New Jersey, Arizona and Texas – all failed to survive defense motions to dismiss. Herrick continues to represent the clients in defending the ruling on appeal to the Appellate Division, Fourth Department.

Successful Defense of Foreclosure Action Challenged on the Eve of Scheduled Sale

Successfully represented the holder of a first priority mortgage secured by a West Harlem property insured by our title insurance client in an order to show cause proceeding initiated by parties claiming to be the debtor's custodians and seeking to challenge a fully litigated foreclosure action on the eve of the foreclosure sale. The court denied in its entirety the plaintiffs’ motion to set aside the debtor’s default and vacate the judgment of foreclosure and sale.

Private Equity Credit Investing Arm – Disability Insurance Dispute

Representing the credit investing arm of a publicly traded private equity firm, with $19 billion under management, in a dispute with insurers over payment of disability benefits under a multimillion dollar "key man" policy insuring our client's former co-chief executive officer.

Red Rock Services Trustee – Appellate Victory in Bankruptcy Litigation

Herrick secured an appellate victory for the chapter 7 trustee of bankrupt demolition subcontractor Red Rock Services, affirming a judgment of almost $1 million won in a bankruptcy adversary proceeding in the Eastern District of Pennsylvania. On behalf of the trustee, Herrick sued a general contractor for breach of its obligations under subcontracts with Red Rock in a pair of multimillion dollar construction projects in Baltimore and Boston. After eight days of trial, the trustee was awarded a judgment of almost $1 million, including attorneys' fees. Herrick defended the judgment on appeal to the district court, where it was affirmed, and went on to successfully defend the ruling on the defendant’s second appeal to the Third Circuit, which affirmed the judgments of the bankruptcy court and district court in their entirety.

Turkish Exporter – Favorable Jury Verdict and Judgment in Breach of Contract Litigation

Obtained favorable jury verdict and judgment on behalf of a Turkish furniture exporter asserting breach of contract claims in New Jersey federal court against a former business partner and the former head of the client’s U.S. affiliate.

New Jersey Doctor – Health Care Anti-Kickback Prosecution

Representation of a doctor charged by the U.S. Attorney's Office for the District of New Jersey with violating the federal Medicare/Medicaid anti-kickback statute for allegedly receiving improper referral fees for sending patients to a particular MRI/CT Scan service provider.