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22 ¦ AUGUST 31, 2020 NEWS

¦ From NY ATTORNEY on PAGE 21 “The NYSAG is contending that certain commu-
“They have stalled, withheld documents, and in- nications involving Morgan Lewis attorneys are not
structed witnesses, including Eric Trump, to refuse protected by the attorney-client privilege and/or at-
to answer questions under oath. That’s why we’ve torney work product doctrine,” the spokesperson
filed a motion to compel the Trump Organization said. “The NYSAG is seeking an order compelling
to comply with our office’s lawful subpoenas for Morgan Lewis to produce such communications
documents and testimony. These questions will be and to provide testimony concerning them. Morgan
answered and the truth will be uncovered, because Lewis is not accused of any misconduct or wrong-
no one is above the law.” doing. We will respond specifically to the NYSAG’s
Representatives for Eric Trump, the Trump Orga- contentions in our filings with the court.”
nization, Martabano and Dillon did not immediately ¦

respond to requests for comment. Jane Wester is a litigation reporter for the New
A Morgan Lewis spokesperson said the firm will York Law Journal. Email her at [email protected]
respond in court. or find her on Twitter @janewester.

ADA Lawsuit Against Town of Enfield Can
Proceed, Federal Judge Rules

By Robert Storace
Afederal judge has denied the town of Enfield’s Shea found the plaintiff had stated a prima facie
motion to dismiss a lawsuit from a former Americans with Disabilities Act and Rehabilitation
Board of Education member who claimed the Act claim against the board, an agent of the town,
board failed to accommodate her disabilities. and that the ADA and Rehabilitation Act imposed
In his 15-page ruling handed
down Wednesday, U.S. District obligations on public entities that
cannot be delegated.
Judge Michael Shea said the town “As a result, Hernandez has
and Board of Education—both Connecticut federal Judge plausibly stated a claim for which
defendants in the December 2019 relief may be granted against the
Michael Shea has ruled
lawsuit—had failed to make its against the town of Enfield’s town of Enfield,” the judge ruled.
case for dismissing the suit. The Hernandez alleges the school
suit now continues in federal motion to dismiss an ADA board promised to make sev-
court. discrimination lawsuit eral accommodations for her
because she’s autistic, hard of
The town had argued it should against the town and Board hearing and has auditory process-
have been removed from the of Education.

lawsuit because plaintiff Sarah ing challenges. The suit claims
Hernandez’s claims were against accommodations—such as com-
the Board of Education. It claimed municating via text, as opposed
it should be out of the litigation because it had never to telephone, and having an erasable whiteboard in
discriminated against her. executive session—didn’t happen, and was looked
Shea, however, disagreed with that assertion. down upon. Her suit says school officials disregarded
“In sum, Hernandez has alleged sufficient facts to federal requirements, and that the experience gave
state a claim against the town,” the judge ruled. her panic attacks and caused her mental distress.

CONNECTICUT
Law Tribune