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Home 9 News Item 9 Wiggin and Dana Secures $3.2 Million Settlement for Victims of Illegal Wiretap

Wiggin and Dana Secures $3.2 Million Settlement for Victims of Illegal Wiretap

January 24, 2022

A federal judge has formally approved a $3.2 million class-action settlement between the City of New York and individuals whose communications were illegally intercepted through a scheme orchestrated by former Brooklyn Assistant District Attorney Tara Lenich. Lenich fabricated court orders and warrants authorizing wiretaps of an NYPD detective and another ADA, whom Lenich believed were in a romantic relationship. Wiggin and Dana partners James Glasser and Tadhg Dooley represented the detective in a separate lawsuit that was settled, and together with co-counsel Emery Celli Brinckerhoff Abady Ward & Maazel LLP (ECBAWM), brought a class action against the City on behalf of all other individuals whose communications were intercepted by the illegal wiretap. After Wiggin and ECBAWM defeated the Cityโ€™s motion to dismiss, the City agreed to a $3.2 million class settlement in March 2020, whereby individual class members could make claims entitling them to between $6,000 and $15,000 in compensation depending on the number of intercepted communications.

After preliminarily approving the settlement in August 2021 and holding a fairness hearing in September 2021, Judge Nicholas Garaufis of the Eastern District of New York entered a final judgment on January 19, 2022, certifying the class and finally approving the settlement. As noted in the courtโ€™s order, nearly 50% of the proposed class made claims under the Settlement and each participating class member received between 60% and 150% of the statutory maximum to which they would have been entitled if they had brought individual claims. The court also approved payment of attorneys fees over the Cityโ€™s objection, noting that โ€œClass Counsel are highly capable, well regarded, and well known to this courtโ€ and that their efforts had โ€œwell servedโ€ the public interest by โ€œexpos[ing] weaknesses in the wiretap protocols of the Kings County District Attorneyโ€™s Office.โ€

In addition to Glasser and Dooley, Wiggin and Dana class-action partners Kim Rinehart and John Doroghazi provided valuable expertise in securing this favorable settlement.

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