Bill Monahan and Jessica Klein along with Danielle Tarantolo of the New York Legal Assistance Group were recognized as Runner Up for Litigation Daily’s “Litigators of the Week” for obtaining final court approval of a settlement that will dramatically improve low-income students’ access to special education services in New York City public schools.
On April 22, U.S. District Judge Eric Komitee in the Eastern District of New York approved a settlement in J.S.M. v. New York City Department of Education that ensures that schoolchildren seeking special education services will face shorter wait times for hearing decisions by improving practices to prevent unlawful delays. In his ruling, Judge Komitee noted that the settlement is particularly robust. “[T]he settlement does not just minimize the risks of proving the plaintiffs’ entitlement to relief: it provides relief arguably superior to that which the plaintiffs could have obtained at trial,” he wrote. The Court lauded “extensive” work done by counsel on this “very complex case.”
An S&C pro bono team led by Bill and Jessica began partnering with Danielle and other attorneys in NYLAG’s Special Litigation Unit and Special Education Unit over five years ago to tackle the problem of unlawful hearing decision delays in the special education hearing system that violated the requirements of the Individuals with Disabilities Education Act. The team successfully engaged in extensive discovery, certified a class, litigated numerous discovery disputes and other motions, and participated in dozens of mediation sessions to reach a settlement during the pendency of summary judgment proceedings.
At NYLAG’s Pro Bono Awards in October 2024, Sullivan & Cromwell was honored with the group’s “Champion of Justice Award,” the program’s highest honor, in recognition of the Firm’s work on this case.