Miami Attorney Sues Cornell Over Fraternity Hazing Death
Stewart Tilghman Fox Bianchi & Cain's David Bianchi represents the Coral Gables parents of a freshmen whose body was found two days after a fraternity party.
January 29, 2020 at 07:36 PM
4 minute read
The original version of this story was published on New York Law Journal
A Miami attorney who has been on an anti-hazing crusade for decades is suing Cornell University and others over the alleged hazing death of a fraternity pledge who died after falling into a gorge.
Stewart Tilghman Fox Bianchi & Cain's David Bianchi filed a 41-page negligence suit Tuesday on behalf of the freshman's parents against the university, the Phi Kappa Psi fraternity and members of its Cornell chapter and said the death is still shrouded in official secrecy.
The complaint contends their negligence led to the death of Antonio Tsialas, 18, and the defendants from the university and its police department to Phi Kappa Psi have refused to give his parents any meaningful information about their son's death and the investigation after his body was discovered Oct. 26.
The complaint filed in Tompkins County, New York, Supreme Court, quotes past statements by Cornell University president Martha Pollack about a yearslong problem with fraternity misconduct and hazing at the school and claims insufficient actions were taken to stamp out a well-known, persistent problem.
The lawsuit contends the fraternity chapter lured Tsialas to its illegal "dirty rush" freshman-hazing party Oct. 24, a day after the chapter appeared before a university disciplinary body because of alleged misconduct involving a different unauthorized event.
The story of Tsialas' demise, as laid out in the complaint and by Bianchi in a phone interview Wednesday, is that it occurred during parents' weekend. Bianchi and parents John Tsialas and Flavia Tomasello of Coral Gables say she arrived at Cornell on Oct. 24 and had a pleasant Thai dinner with her son.
Then Antonio Tsialas headed off to the fraternity's unauthorized "Christmas in October" rush party, allegedly attended by about 35 hand-picked freshman. It was the last time Tomasello saw him alive. The next day she searched desperately for her son and contacted campus police, and by that evening John Tsialas arrived at Cornell as planned for parents' weekend, the suit alleges.
Cornell University's police department on Wednesday referred all questions about the student's death and the lawsuit to the university media relations department.
Cornell University spokesman John Carberry, issued a statement saying the school "cannot comment on pending litigation" and "Cornell University police continue to actively investigate Antonio Tsialas's death."
Carberry's statement also asked anyone with information related to the death to contact Cornell at 607-255-1111. The university did not answer questions about the alleged withholding of information from Antonio Tsialas' parents, the circumstances of their son's death or Cornell's Greek system.
Phi Kappa Psi executive director Ronald Ransom II said in a brief email that "while we have been made aware of the lawsuit through media contact such as yours, we have not been served." He added, "Generally, we don't speak to pending litigation."
A news release from Bianchi, who has litigated fraternity hazing cases for 25 years and developed a national reputation for his work, said, "To date, no one has come forward with information about why [Tsialas] left the fraternity house or whether he left alone or with others. His body was found two days later at the bottom of a gorge. His wallet and keys were with him but his phone was missing. Its last known location was the Phi Kappa Psi fraternity house."
In the phone interview Wednesday, Bianchi said he has "never before" experienced a comparable lack of information and stonewalling about the circumstances surrounding a hazing death. The university, the national fraternity and several of its Cornell chapter officers named in the lawsuit have not stepped forward or have cut off questioning, he said.
For example, he said, "After I had a couple of conversations with the Cornell police chief in November, I was contacted by a Cornell University [in-house] lawyer who said I was no longer permitted to speak with him."
"The Cornell lawyer said if I have any questions for the police chief I should submit these in writing," added Bianchi. He said he quickly followed up with 23 written questions in November, and none has been answered.
The lack of information for the parents has made their pain and grief "immeasurably" worse, he said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Serious Disruptions'?: Federal Courts Brace for Government Shutdown Threat
3 minute readDivided State Court Reinstates Dispute Over Replacement Vehicles Fees
5 minute readSecond Circuit Ruling Expands VPPA Scope: What Organizations Need to Know
6 minute read'They Got All Bent Out of Shape:' Parkland Lawyers Clash With Each Other
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250