Firm Overview
Lansner & Kubitschek is a private law firm working in the public interest.
We provide a full range of services to family law clients in private cases
and to those seeking redress of violations of the constitutional rights
to family integrity and freedom from harm. The firm also represents
claimant in Social Security Disability matters at all levels.
Our attorneys represent clients in every level of state and federal courts.
A list of reported cases include:
- Nicholson v. Williams,
203 F.Supp.2d 153 (E.D. N.Y. 2002),
344 F.3d 154 (2d Cir. 2003),
2004 WL 2381177
In a class-action lawsuit, credited with affecting policy nationwide,
the federal court declared the City of New York's Policy of removing children
from battered mothers to be unconstitutional, and enjoined its illegal
practices.
- Miller v. Gammie, (July 9, 2003)
335 F.3d 889 (9th Cir. 2003)
The Ninth Circuit en banc ruled that foster children who are placed in
dangerous foster care placements can sue the agencies and staff who
failed to protect them from harm. The Court overruled its 14-year-old
precedent which had given absolute immunity from liability to foster care
organizations and staff.
-
Tenenbaum v. Williams, 193 F. 3d 581 (2d Cir., 1999)
The court expanded the Fourth Amendment rights of children, holding
that social workers could not have doctors conduct medical examinations on
children without the consent of the parents or a court order, In addition, the
court held that, if there is enough time for a caseworker to obtain a court
order, the caseworker could not remove the children from their parents without
one.
-
Valmonte v. Bane, 18 F. 3d 992 (2d Cir., 1994)
In a major expansion of the right to reputation, the court held that
the operation of the Department of Social Services' State Central Register was
unconstitutional. The Register is a list of all parents suspected of abusing
or neglecting their children, and any person whose name is on the list is
effectively banned from working with children. The court found the system to
be unacceptable due to the low level of evidence required to place a name on
the register and the lack of a hearing.
- Matter of Alexander L.
New York's highest court held that parents who are in danger of losing
their children and are ordered to submit to psychiatric examinations have the
right to bring their attorney with them to the examination.
- Thomas v. City of New York,
814 F. Supp. 1139 (S.D.N.Y 1992.)
A mother and her children sued the City of New York, and Foster care
agencies for children who were physically and emotionally harmed while in
foster care. This court determined that the domestic relations exception in
federal court did not apply in cases were children were abused while in the
custody of the City of New York.
- Willis v. Croft
(settlement abstract)
- Cruz v. Sullivan, 912 F.2d 8 (2d Cir., 1990)
The court, granted benefits to a claimant who was denied benefits at
the administrative hearing level. This court decided that the administrative
judge was not able to properly assess the claimant's disability, and thus he
was eligible for Supplemental Security benefits.
- Doe v. DSS, 649 F.2d 134 (2d Cir., 1981)
In a landmark decision , the court established the Constitutional right
of children in foster care to be free from harm and for children abused
in foster case to sue both the City of New York and the foster care
agency under42 U.S.C. § 1983. A great expansion for children's rights,
this decision has served as a precedent for all other circuits that have
had similar cases.
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