Suits and Litigation (Civil)

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      Investor’s Lawsuit Accuses 777 Partners of $600 Million Fraud

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      In a suit filed in federal court in New York, a firm that provided hundreds of millions of dollars to 777 accused the company of double-pledging its collateral to other investors.The American investment firm 777 Partners, whose bid to buy the English Premier League soccer team Everton has been on hold for months amid doubts about the company’s finances, was accused by one of its lenders on Friday of running a yearslong fraud scheme worth hundreds of millions of dollars.The accusation came in a lawsuit filed Friday in federal court in New York by Leadenhall Capital Partners, a London-based asset management company. It said that it had provided 777 Partners with more than $600 million in financing, only to discover that roughly $350 million in assets serving as collateral for the loans either were not in 777’s control or had already been pledged to other lenders.The lawsuit is the latest, most serious claim against 777 Partners, which has for years made bold assertions about its financial health — it has previously claimed $10 billion in assets — even as it was trailed a string of lawsuits, corporate failures and unpaid bills.The suit could have immediate implications for 777’s stalled bid to buy Everton: The Premier League has not approved the sale, and the financially strapped club recently said it was seeking alternate investors.But questions about the company’s balance sheet also carry the risk of contagion for the broader world soccer market, given that 777’s portfolio includes ownership stakes in teams in Australia, Brazil, Belgium, France and Germany, and because it owes debts at all of them.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Jury in Federal Lawsuit Deadlocks on Abu Ghraib Torture Allegations

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      Three Iraqi men sued a Virginia contractor that supplied interrogators to the U.S. military after the 2003 invasion of Iraq.A federal jury in Virginia said on Thursday that it was unable to reach a verdict in a lawsuit filed by three Iraqi men who said they were tortured while being held by the United States at the notorious Abu Ghraib prison two decades ago.The jurors had deliberated for almost eight days, and with the panel still deadlocked the judge in the case, Leonie M. Brinkema of the U.S. District Court in Alexandria, declared a mistrial on Thursday.The three plaintiffs had sued a defense contractor, CACI Premier Technology, asserting that CACI employees working as interrogators at the prison directed U.S. military guards to abuse the men in an effort to “soften” them up.The testimony of the three men last month was the first time a civilian jury had heard allegations of post-9/11 abuses directly from detainees.In a handwritten note to the judge on Thursday, the jury foreman wrote that the jury could not reach a unanimous verdict, largely because of differing interpretations of the evidence and of a legal defense known as the “borrowed servant” doctrine, where CACI could avoid liability by proving that its employees were under government control.The mistrial means that the lawsuit, filed in 2008, can continue, if the plaintiffs seek another trial and the court agrees.The plaintiffs were represented by the Center for Constitutional Rights, a human rights organization, and Patterson Belknap Webb & Tyler, a law firm in New York.Baher Azmy, a lawyer at the Center for Constitutional Rights, said the plaintiffs’ legal team would “pursue our right to a retrial.”J. William Koegel Jr., CACI’s general counsel, did not respond to a request for comment.In 2013, another contractor that had employees at Abu Ghraib settled a similar case by agreeing to pay $5 million.The trial in the lawsuit came 20 years after the abuse at Abu Ghraib was exposed.Marco Di Lauro/Getty ImagesFor more than a decade, CACI sought to have the case against it dismissed, filing a host of motions and appeals challenging the viability of the plaintiffs’ claims. In particular, CACI sought immunity from claims filed under the Alien Tort Statute, which permits foreign citizens to seek damages in federal court for violations of international law.In 2013 and again in 2021, the U.S. Supreme Court limited the statute’s scope, requiring that the conduct at issue be closely tied to the United States. CACI invoked those decisions to argue that the three Iraqi men’s lawsuit should be thrown out, but Judge Brinkema ruled that the case could proceed.During five days of testimony, the jury heard the three plaintiffs, now middle age, describe their treatment in U.S. custody at Abu Ghraib.One plaintiff, Salah Al-Ejaili, said he was shackled naked in a painful stress position, kept that way overnight and ordered to wipe up his own vomit the next morning. Asa’ad Al-Zuba’e said he was forced to crawl on his stomach down a hallway with a bag over his head, until his legs bled. Suhail Al Shimari said he was threatened with rape and death.“I had no control over what was happening to me, or what would happen to me,” Mr. Al-Ejaili said.The jury also heard testimony from two retired Army generals who had investigated Abu Ghraib. A report by one of them, Gen. Antonio Taguba, found that one of CACI’s civilian interrogators “made a false statement” and “clearly knew his instructions equated to physical abuse” that was carried out by U.S. military police.The trial in the lawsuit came 20 years after the abuse at Abu Ghraib was exposed, with the publication of photos taken by Abu Ghraib guards showing military police pulling a detainee by a leash, posing beside a pyramid of naked detainees and giving a thumbs-up sign beside an ice-packed corpse.The photos were followed by revelations that senior Bush administration officials had authorized brutal “enhanced interrogation techniques” after the terror attacks of Sept. 11, 2001. But the military characterized the Abu Ghraib abuses as the misconduct of a few bad apples. Fewer than a dozen enlisted soldiers were convicted in courts-martial and sentenced to military prison.“Everyone knew it was wrong,” said Charles A. Graner, one of the convicted soldiers who was often described as the “ringleader” of the troops committing abuses at the time. “And no one was willing to step up and stop it.”The defendant, a subsidiary of CACI International, based in Virginia, has denied wrongdoing. None of the most damning images from Abu Ghraib show CACI contractors engaging in misconduct.The civil trial in federal court in Virginia marked the first time a civilian jury had heard allegations directly from detainees.Shuran Huang for The New York Times More

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      2 Players Sue N.Y. Philharmonic, Saying They Were Wrongfully Suspended

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      Matthew Muckey and Liang Wang said they were sidelined without cause by the New York Philharmonic after a recent magazine article detailed allegations of misconduct against them.Two New York Philharmonic players sued the orchestra on Wednesday, saying they had been wrongfully suspended after a recent magazine article revived allegations of misconduct against them.The players, Matthew Muckey and Liang Wang, filed separate lawsuits in Federal District Court in Manhattan. The men claimed that the Philharmonic had removed them without cause and in violation of an arbitrator’s ruling, which had ordered the orchestra to reinstate them in 2020 after an earlier attempt to fire them.The players also sued their union, Local 802 of the American Federation of Musicians, accusing the organization of failing to provide them fair representation.The Philharmonic, which recently said it would commission an outside investigation into the orchestra’s culture in response to the uproar over the article, said that it could not comment on active litigation. Local 802 declined to comment.The lawsuits came after a report last month in New York magazine detailed accusations of misconduct made in 2010 against Mr. Muckey, the associate principal trumpet, and Mr. Wang, the principal oboist. After the story’s publication the Philharmonic moved quickly to remove Mr. Muckey and Mr. Wang from rehearsals and performances and suspend the players with pay for an indefinite period.In the article Cara Kizer, a former Philharmonic horn player, came forward for the first time to publicly discuss an encounter that she said occurred while she was on tour with the Philharmonic in Vail, Colo., in 2010. She told the Vail Police Department at the time that she had been sexually assaulted after spending the evening with the two players and was given a drink she came to believe was drugged, according to police records. No charges were filed against the men, and both have denied wrongdoing.In 2018 the Philharmonic, under new leadership, commissioned an investigation and moved to dismiss Mr. Muckey and Mr. Wang. But the players’ union challenged their dismissals, and an independent arbitrator forced the orchestra to reinstate them in 2020.Mr. Muckey’s lawsuit accused the Philharmonic of backtracking on that agreement. The suit said that the orchestra had “violated an indisputably final and binding award which has determined that Mr. Muckey could not be removed based upon such allegations and specifically ordered his reinstatement with back pay and seniority.”Mr. Wang accused the Philharmonic of suspending him “without cause or explanation, and in clear violation of the terms of his employment, which expressly require that he be given opportunities to perform and excel as a musician.” His suit claims that a lawyer for the Philharmonic said in 2019 that the ensemble had not accused Mr. Wang of misconduct related to the incident in Colorado.Both men claimed that Local 802, which fought for their reinstatement in 2018, had failed to respond to their requests for assistance in contesting their new suspensions.The union has struck a different tone on the case since the publication of the article. Sara Cutler, Local 802’s new president and executive director, said last month that the decision to keep Mr. Wang and Mr. Muckey offstage “are good first steps, but they can’t be the last.” She also said that she was “horrified” by the accusations, “as a woman, a musician and a new union president.”Mr. Wang’s suit accused Ms. Cutler of making “duplicitous and injurious statements.” Mr. Muckey’s suit said that Local 802 had “failed and refused to perform its duty of fair representation.”Mr. Muckey and Mr. Wang, who are seeking an unspecified amount in damages, said that the Philharmonic’s decision to suspend them had harmed their careers.Mr. Muckey lost engagements with the Chamber Music Society of Lincoln Center and other ensembles. Mr. Wang was placed on leave from the Manhattan School of Music, where he teaches, and he lost work with the Taipei Music Academy and Festival and other groups. More

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      Schneider Sues ‘Quiet on Set’ Producers for Defamation

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      In the suit, lawyers for the former Nickelodeon producer called the documentary a “hit job” that had falsely painted him as a “child sexual abuser.”The television producer Dan Schneider filed a defamation lawsuit on Wednesday against the creators of the documentary series “Quiet on Set,” which aired accounts of sexual abuse and other inappropriate behavior on sets at Nickelodeon, where Schneider was once a star creator of content.The five-episode series, “Quiet on Set: The Dark Side of Kids TV,” included interviews from former employees who denounced Schneider as a boss and objected to sexualized humor in his shows, leading him to release a video in March in which he apologized for some of his behavior on the job, such as soliciting massages on set from staff members.But the show also focused on Nickelodeon employees who had been convicted of child sex crimes — including Brian Peck, a dialogue coach for Nickelodeon, who was sentenced to prison for sexually abusing the “Drake & Josh” star Jared Drake Bell.Schneider’s lawsuit accuses the documentary of improperly conflating him with those who had been convicted of abusing children and took issue with segments of the series that his lawyers said “falsely and repeatedly state or imply that Schneider is a child sexual abuser.”“Schneider will be the first to admit that some of what they said is true,” the lawsuit, filed in Los Angeles Superior Court, said of the filmmakers. “At times, he was blind to the pain that some of his behavior caused certain colleagues, subordinates and cast members. He will regret and atone for this behavior the rest of his life. But one thing he is not — and the one thing that will forever mar his reputation and career both past and present — is a child sexual abuser.”Schneider declined to be interviewed for the series, instead issuing a statement that was included in the documentary, in which he denied various accusations leveled against him and said that “everything that happened on the shows I ran was carefully scrutinized by dozens of involved adults.”The listed defendants in the case include Warner Bros. Discovery, which owns Max, where the series was streamed; Maxine Productions and Sony Pictures Television, which produced it; and Mary Robertson and Emma Schwartz, who directed the series. None of the parties immediately responded to a request for comment.Calling the series a “hit job,” the lawsuit said that in several instances viewers were led to inaccurately infer that he was a child sexual abuser, including in the trailer, in which a series of photos and video clips of Schneider are followed by the advertisement of a “true crime event.”“The harm to Schneider’s reputation, career, and business, to say nothing of his own overwhelming emotional distress, cannot be understated,” said the lawsuit, which seeks an unspecified amount of damages.The lawsuit said that Schneider’s legal representatives had sent a letter demanding that the series “not include any statements that allege or imply that Schneider engaged in any criminal or sexual misconduct,” and that the defendants’ lawyer responded that there were no “statements” that defamed him.Starting in the 1990s, Schneider created, scripted and produced a string of hits for Nickelodeon including “All That,” “The Amanda Show,” “Drake & Josh” and “Zoey 101.”But in the spring of 2018, Schneider and Nickelodeon suddenly issued a joint statement announcing their separation. Almost overnight, he largely disappeared from public view.In 2021, The New York Times reported that before that announcement, ViacomCBS, the parent company of Nickelodeon, had investigated Schneider and found that many people he worked with viewed him as verbally abusive. The company’s review found no evidence of sexual misconduct by Schneider.The recent documentary series included information about how Schneider and Nickelodeon parted ways, and reported that the investigation into his conduct “did not find any evidence of inappropriate sexual behavior” or “inappropriate relationships with children.”The series was a ratings hit and stirred up conversations about the appropriateness of some of the material on children’s television. Critics said the shows contained barely veiled sexual innuendo, and Schneider, in his apology video, said he would be willing to cut out parts of the show that were upsetting to people, years after they first aired. At the same time, though, he suggested that the criticism came from adults looking at jokes written for children “through their lens.” More

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      Law Firm Defending Trump Seeks to Withdraw From a Long-Running Case

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      The firm, LaRocca Hornik, has represented Donald Trump’s political operation in numerous suits dating to his first presidential run, including a pregnancy discrimination case in New York.A law firm that has long defended Donald J. Trump’s campaign and businesses from employment lawsuits has abruptly asked to withdraw from a yearslong case over what it calls an “irreparable breakdown in the attorney-client relationship.”The firm — LaRocca, Hornik, Greenberg, Rosen, Kittridge, Carlin and McPartland — has represented Mr. Trump’s political operation in numerous suits dating to his first presidential run, helping secure several settlements and dismissals and billing nearly $3 million in the process.But late on Friday, it asked a federal magistrate judge to allow it to withdraw from a suit filed by a former campaign surrogate, A.J. Delgado, who says she was sidelined by the campaign in 2016 after revealing she was pregnant. The timing of the motion was notable, just two days after the same federal court had ordered the campaign to turn over in discovery all complaints of sexual harassment and gender or pregnancy discrimination from the 2016 and 2020 campaigns — materials that the defendants have long resisted handing over.A.J. Delgado in 2016.via YouTubeIn the request, filed in federal court in Manhattan, the lead lawyer, Jared Blumetti, did not provide any details about the dispute, asking permission to “explain” the matter privately with the judge. Mr. Blumetti did not respond to a request for comment.The apparent rupture with a long-trusted firm comes at a busy time, legally speaking, for the former president.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      How to Claim Your Part of a $5.6 Million Ring Settlement

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      The Federal Trade Commission is sending payments to customers who had certain Ring home security cameras and accounts during a particular time period, the agency said.The Federal Trade Commission said this week that some people who had bought certain home security cameras made by Ring, which is owned by Amazon, would be eligible for refunds for their purchase. The payments, totaling more than $5.6 million, are part of a settlement between Ring and the F.T.C. over claims that the company failed to protect customer accounts.Here’s what to know.What is the lawsuit about?The F.T.C. sued Ring last May, accusing the company of giving employees and contractors access to customers’ private video footage. The agency said in its complaint that Ring had used the videos to train computer algorithms without first getting customers’ consent. Ring also failed to have proper protections, which made customer accounts, videos and cameras more vulnerable to hacking, the F.T.C. said.The F.T.C. and Ring reached a settlement that month. As part of the agreement, Ring paid a settlement that would be used for customer refunds, deleted all private videos that it shouldn’t have access to, and established a privacy and security program. The F.T.C. is now using the money Ring paid to send 117,044 PayPal payments to affected customers.Ring did not immediately respond to a request for comment. But in a statement after the settlement, Ring said that it addressed issues about its security and privacy practices “well before” the F.T.C.’s lawsuit, and that the agency “mischaracterizes our security practices and ignores the many protections we have in place for our customers.”How do I find out if I am eligible for the refund?If you had a Ring account and certain types of Ring devices, such as the indoor camera models Stick Up Cam and Indoor Cam, before Feb. 1, 2018, you are eligible for a refund, according to a court order.The defendant — in this case, Ring — is typically required to provide a list of customers, their contact information and how much they paid. The F.T.C. will use the information to send payments.Eligible customers should have already received an email from the F.T.C.How much will I receive?Your payment depends on the type of Ring device you owned and the time you had your account.I got a PayPal payment from the F.T.C. How do I know if it is real?If you are eligible for a refund, you should have received an email from the agency (from the address subscribe@subscribe.ftc.gov) before Tuesday. Since payments were issued on Tuesday, you should have received another email from PayPal about the refund. You have to redeem the payment by May 22, or it will be returned to the F.T.C.If you would like the F.T.C. to send you a check instead, or have any other questions about the payment, you can speak with the refund administrator, Rust Consulting, by calling 1-833-637-4884. You can also email your request to info@ring.com. More

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      Judge Approves $418 Million Settlement That Will Change Real Estate Commissions

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      Home sellers will no longer be required to offer commission to a buyer’s agent when they sell their property, under an agreement with the National Association of Realtors.A settlement that will rewrite the way many real estate agents are paid in the United States has received preliminary approval from a federal judge.On Tuesday morning, Judge Stephen R. Bough, a United States district judge, signed off on an agreement between the National Association of Realtors and home sellers who sued the real estate trade group over its longstanding rules on commissions to agents that they say forced them to pay excessive fees. The agreement is still subject to a hearing for final court approval, which is expected to be held on Nov. 22. But that hearing is largely a formality, and Judge Bough’s action in U.S. District Court for the Western District of Missouri now paves the way for N.A.R. to begin implementing the sweeping rule changes required by the deal. The changes will likely go into full effect among brokerages across the country by Sept. 16. N.A.R., in a statement from spokesman Mantill Williams, welcomed the settlement’s preliminary approval.“It has always been N.A.R.’s goal to resolve this litigation in a way that preserves consumer choice and protects our members to the greatest extent possible,” he said in an email. “There are strong grounds for the court to approve this settlement because it is in the best interests of all parties and class members.”N.A.R. reached the agreement in March to settle the lawsuit, and a series of similar claims, by making the changes and paying $418 million in damages. Months earlier, in October, a jury had reached a verdict that would have required the organization to pay at least $1.8 billion in damages, agreeing with homeowners who argued that N.A.R.’s rules on agent commissions forced them to pay excessive fees when they sold their property. We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Lawsuit Puts Fresh Focus on Eric Hovde’s Comments About Older Voters

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      Pressed on his claims of 2020 election irregularities, the Republican candidate for Senate in Wisconsin has questioned the mental capacity of nursing home residents to vote.Eric Hovde, the Republican banking executive challenging Senator Tammy Baldwin in Wisconsin, may be developing a problem with older voters.The bank he leads, Utah-based Sunwest, last month was named as a co-defendant in a California lawsuit that accuses a senior living facility partly owned by the bank of elder abuse, negligence and wrongful death.Mr. Hovde’s campaign called the suit meritless and said it was farcical to hold the chairman and chief executive of a bank responsible for the actions of a business that it seized in a foreclosure in 2021. Whatever its merits, the suit might have been largely irrelevant to Mr. Hovde’s political campaign had he himself not boasted recently of having gained expertise in the nursing home industry as a lender to such residences.In comments this month in which he suggested there had been irregularities in the 2020 election, Mr. Hovde drew on that experience to say that residents of nursing homes “have a five-, six-month life expectancy” and that “almost nobody in a nursing home is at a point to vote.” Those remarks were quickly condemned by Democrats in Wisconsin and by the former Milwaukee Bucks star Kareem Abdul-Jabbar.The recent pileup of problems is an inauspicious start to a campaign that Republicans hope will help wrest control of the Senate from Democrats. Mr. Hovde is one of four affluent Republicans who are running to unseat Democratic incumbents, in Ohio, Montana, Pennsylvania and Wisconsin.Each of those states either leans heavily Republican in the upcoming presidential contest or is rated a tossup, and the loss of any one of those seats could cost Democrats control of the Senate. The deep pockets of candidates like Mr. Hovde will ease the G.O.P.’s heavy fund-raising burden as the party confronts Democrats’ early financial advantage.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More