Case Files

  • Taxi & Limousine Comm’n v. Saini

    February 2024

    In a fitness proceeding, petitioner failed to prove that respondent is unfit to retain his TLC driver’s license and TLC vehicle license due to an out-of-state criminal conviction. Dismissal of charges against respondent recommended. Read On


    November 2023

    On November 13, ten taxi drivers whose licenses were summarily suspended by the NYC Taxi and Limousine Commission appeared before a federal jury in Manhattan seeking damages in a civil rights lawsuit that dates back to 2006—and the jury ruled in favor of all ten and awarded each substantial damag... Read On

  • Westchester Suspensions

    April 2023

    The Westchester County Taxi and Limousine Commission (the “WTLC”) routinely seized and impounded for-hire vehicles without a warrant and without any recognized exception to the Fourth Amendment's warrant requirement. These seizures are based on the WTLC's so-called Vehicle Immobilization Program ... Read On

  • Ackman Files Lawsuit Seeking an End to Suspensions without Hearings

    Ackman files new lawsuit concerning TLC suspensions on arrest. Read On

  • Second Circuit Reverses Trial Court Order Cutting Attorney Fees

    August 2022

    The Court of Appeals reversed a district court order that imposed an across-the-board cut in hours that was plainly disproportionate to any defects in the billing records or the plaintiff's counsel's level of success. The court also reinstated fees for time spent on an administrative hearing that took place after the federal action commenced and which was essential to enforcing the plaintiff's federal civil rights claim. Read On

  • Non-Attorney Rep who OATH wanted to Revoke without a Hearing Granted Summary Judgment

    February 2020

    United States District Court, E.D. New York. Rizwan RAJA, Plaintiff, v. John W. BURNS and the City of New York, Defendants. 19-CV-01328 Signed 02/05/2020 Attorneys and Law Firms Daniel L. Ackman, New York, NY, for Plaintiff. Emily Kate Stitelman, Jerald Horowitz, The City of New York Law ... Read On

  • Appeals Court Holds TLC Suspension Process Unconstitutional

    July 2019

    The Taxi and Limousine Commission of New York City (the “TLC”) has the authority to issue, revoke, and suspend taxi drivers’ licenses. These tandem cases require us to examine the TLC’s suspension procedures under the Due Process Clause to determine whether the TLC provides meaningful hearings to drivers whose licenses have been suspended pending the outcome of criminal proceedings. We conclude that it does not. We first determine that evidence of a driver’s ongoing danger to health and public safety is relevant under the statutory and regulatory scheme. We then conclude that, in light of the significant private interest at stake, the unacceptably high risk of erroneous deprivation, and the fact that additional safeguards can be provided with minimal burden on governmental resources, the TLC’s refusal to consider such evidence violates due process. As we have already stated in this case, “the private interest at stake . . . is enormous ¯ most taxi drivers rely on the job as their primary source of income and often earn the sole income for large families in a city where the cost of living significantly exceeds the national average.” Nnebe II, 644 F.3d at 159 (internal quotation marks omitted). Indeed, we have previously held that this factor favors more extensive process where the interest at stake is “operating a business and . . . pursuing a particular livelihood.” Spinelli v. City of New York, 579 F.3d 160, 171 (2d Cir. 2009) (internal quotation marks omitted). Moreover, “[t]he Supreme Court has ‘repeatedly recognized the severity of depriving someone of his or her livelihood.’” Id. (quoting FDIC v. Mallen, 486 U.S. 230, 243 (1988)); see also Brock v. Roadway Exp., Inc., 481 U.S. 252, 263 (1987); Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 543 (1985); Goldberg v. Kelly, 397 U.S. 254, 264 (1970). Thus, while we take seriously the Government interest implicated, we hold that, given the potential of conducting far more meaningful hearings at little or no additional financial or administrative cost to the TLC, that interest is outweighed by the private interest at stake and the unacceptably high risk of erroneous deprivation. Read On

  • Medallion Auction Cases

    January 2023

    Taxi medallion buyers sue City and TLC for breach of contract and violations of the General Business Law Read On

  • Nnebe v. Daus, 06 civ. 4991 (RJS) – AND –​ Stallworth v. Joshi, 17 civ. 7119 (RJS) SDNY

    July 2019

    These twin actions challenge the New York City Taxi and Limousine Commission's practice of suspending the license of any taxi drivers who has been arrested, but who has been convicted of nothing. After the suspension, the TLC offers the cabbie a putative “hearing” to determine whether that suspen... Read On

  • ​Padberg v. McGrath-McKechnie, 00 civ 3355 (RJD) EDNY

    This federal class action successfully challenged a policy instigated by Mayor Giuliani—dubbed Operation Refusal— by which the TLC suspended hack licenses without hearings, confiscated taxicabs and sought license revocations—all for a single alleged service refusal offense. At least 100 drivers h... Read On

  • Calvo v. City of New York, 14 civ 7246 (VEC) – and – DeCastro v. City of New York, 16 civ 03850 (RA) SDNY​

    For years, the City of New York and the TLC routinely seized automobiles that it suspected were operating for-hire without a license. They did so without a warrant, without a pre-seizure hearing, and without judicial imprimatur of any kind. It would then hold the vehicles effectively for ransom u... Read On

  • ​​Rothenberg v. Daus, 08 civ 00567 (SHS) SDNY

    Rothenberg v. Daus challenged the TLC's practice of automatically revoking the license of any taxi driver are convicted of an off-duty crimes or who fails a drug tests, despite the absence of any evidence, or even allegation, that the driver harmed or threatened harm to any passenger or was ever ... Read On

  • El Boutary v. City of New York, 18 civ 3996 (ARR) EDNY

    December 2018

    After a lesbian couple accused an Uber driver of evicting them from his car and after they posted a video of their berating the driver on social media, the story was reported around the world, leading to the TLC summarily suspending the driver without any investigation whatsoever. After a ruling ... Read On

  • Singh v. Joshi, 15 civ-5496 (FB) EDNY​​​

    Summary Judgment Brief, 2016 Read On

  • Kurman v. Schnapp, Index No. 602086-2009, NY County Supreme Court

    Appeal Brief, 2010​​​First Department Decision, 73 A.D.3d 435 (1st Dep't 2010)​​ Read On

  • Ackman v. Giuliani

    New York County Supreme Court Decision, NYLJ March 17, 2000 Read On