Our Work: Representative
Cases & Appeals
Emma Freeman represents clients in federal and state appellate courts and in complex trial court litigation. Her work spans civil rights, employment discrimination, constitutional law, criminal appeals, sexual assault, and other significant legal matters. Below is a selection of representative cases from Emma's practice.
Federal Appeals:
United States v. Anderson (8th Cir.):
Emma represents the Appellant in this challenge to the denial of a motion to suppress evidence of drug trafficking under United States v. Rodriguez.
Ronen v. FlipCX (2d Cir.):
Emma represents the Appellant, who was fired for objecting to his employer’s ongoing discrimination against pregnant employees, in this employment retaliation case arising under the New York City Human Rights Law.
Hernandez, et al. v. Florida Board of Bar Examiners, et al. (11th Cir.):
Emma represents two attorneys seeking admission to the Florida Bar in a dormant Commerce Clause constitutional challenge to the Florida Board of Bar Examiners’ fee structure.
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Coffey v. Fast Easy Offer (9th Cir.):
Emma represented the Appellant in an appeal from the dismissal of a claim under the Telephone Consumer Protection Act involving real estate entities that sent unwanted text messages to homeowners. The Ninth Circuit granted Emma’s request to reinstate the claim, and litigation is underway.
Aprileo v. Clapprood (1st Cir.):
Emma represented the Appellee in a certified appeal as to whether Heck v. Humphrey bars the Section 1983 excessive force claim of a plaintiff whose criminal charges were dismissed after she successfully completed a Massachusetts pretrial probation program. The First Circuit agreed with Emma that the answer to that question is “no,” and Emma assisted in obtaining a favorable settlement for Ms. Aprileo.
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Kean v. Brinker International, Inc. (6th Cir.):
Emma represented the plaintiff in an appeal from the grant of summary judgment to Chili’s Restaurant in an age discrimination case under the ADEA. A unanimous panel reversed the district court’s judgment and Emma obtained a favorable settlement for Mr. Kean.
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Wright v. Talamantes, et al. (9th Cir.):
Emma represented Professor Alexander Reinert as amicus curiae in a brief advocating for the wholesale abolition of qualified immunity and the reversal of a grant of qualified immunity to a doctor who performed an invasive strip search and medical examination on a minor child without parental notification or consent. The Ninth Circuit agreed that the doctor was not entitled to qualified immunity.
Sanchez v. El Milagro, Inc., No. 24-3250 (7th Cir.):
Emma represents an employee subject to sexual harassment in the workplace in violation of Title VII in her appeal from the district court’s grant of summary judgment to her employer.
Pumphrey v. Triad Life Sciences, Inc., No. 24-60028 (5th Cir.):
Emma represented an employee alleging retaliatory termination in his appeal from the district court’s denial of the defendants’ motion to compel arbitration due to waiver.
Petrone-Cabanas, et al. v. Arizona (S. Ct.):
Emma represented fifteen constitutional and criminal law professors as amici curiae in support of a petition for certiorari challenging certain mandatory juvenile life without parole criminal sentences imposed in violation of Miller v. Alabama.
State Appeals:
State v. Mitchell (MN Ct. App.):
Emma represents Nicole Mitchell, a Minnesota lawmaker who was convicted of burglarizing an occupied dwelling, in her post-conviction appeal. The appeal raises, among others, a significant issue involving the ability of criminal defendants in Minnesota to obtain statutorily-privileged documents necessary to their defense.
Denson v. Trump (N.Y. App. Div. 1st Dep’t):
Emma represents Jessica Denson, a political activist and former employee of the 2016 Trump Campaign whose advocacy led to the invalidation of the Campaign’s notorious NDA. Jessica now seeks the reinstatement of her retaliation claim against the Campaign for suing her in arbitration for $1.5 million after she filed a hostile work environment lawsuit.
Rygwall v. ACR Homes (Minnesota Supreme Court):
Emma represented the estate of a deceased group home resident in a wrongful death action involving a causation dispute under the Minnesota Tort Reform Act. The Court adopted Emma’s position that a Minnesota statute did not modify the common law to impose a higher causation standard for medical malpractice actions than in other negligence or malpractice cases.
Trial Court Matters:
Fellig v. Jackstadt (E.D.N.Y.):
Emma represents Sara Fellig, an Orthodox Jewish woman whose religious head covering was stripped off by the New York State DMV as she attempted to obtain a driver’s license photograph.
Felsenstein v. Goodman (Brooklyn Sup. Ct.):
Emma represents Nikki Felsenstein, one of many women who was sexually assaulted and groped by her former physician, Dr. Robert Goodman, under the pretense of medical care.
Clark, et al. v. City of New York, (S.D.N.Y.):
Emma developed a novel class action theory under the Religious Land Use and Institutionalized Persons Act and obtained permanent injunctive relief against the New York City Police Department’s discriminatory policy of removing religious head coverings for mug shots.
Dame Products v. MTA, et al. (S.D.N.Y.):
Emma challenged the New York Metropolitan Transportation Authority’s advertising regulations on behalf of a woman-led sexual wellness company in their First Amendment viewpoint discrimination lawsuit. She obtained a settlement that included both confidential monetary damages and the company’s right to advertise on MTA subways.
A.A., et al., v. Mamaroneck Union Free School District (S.D.N.Y.):
Emma obtained a historically-high, confidential monetary settlement and extensive injunctive relief on behalf of young students who endured years of severe racial bullying in a Title VI lawsuit.
Headley v. City of New York et al. (E.D.N.Y.):
Emma obtained a $625,000 settlement on behalf of Jazmine Headley, who was assaulted along with her young son by NYPD and New York Human Resources Administration officers in 2018, leading to the passage of various remedial City Council bills.
Breest v.Haggis (New York Supreme Court, New York County):
Emma represented Haleigh Breest, a young woman who alleged rape and sexual assault by Hollywood director Paul Haggis. In November 2022, Emma’s prior firm Emery Celli obtained a $10 million jury verdict on behalf of Ms. Breest against Mr. Haggis.
Turnbull v. JPMorgan (S.D.N.Y.):
Emma represented a former JPMorgan precious metals trader in his Sarbanes-Oxley whistleblower suit alleging retaliatory termination. Emma defeated JPMorgan’s motion to dismiss the entire lawsuit, and the case progressed to a favorable settlement.
People v. Brian Scott Lorenz, (New York Supreme Court, Erie County):
Emma represented Brian Scott Lorenz, who has been incarcerated since 1993 for a murder he did not commit; she drafted briefing on DNA testing and results that contributed to the August 2023 vacatur of Lorenz’s conviction.
Citizens for Responsibility and Ethics in Washington v. Trump, (S.D.N.Y.):
Emma represented amica curiae Sarah Chayes, renowned scholar of kleptocracy, in multiple lawsuits alleging violations of the Emoluments Clause by Donald J. Trump.
Discuss Your Case With Emma
Whether you are considering an appeal, facing a complex legal dispute, or looking for guidance about your legal options, Emma welcomes the opportunity to learn more about your situation.