Daily Dicta: Wilmer Leads the Way With Pro Bono Sex Trafficking Victory
After opening arguments in Massachusetts federal court and one day of powerful testimony from the victim, the groundbreaking case settled on what WilmerHale partner Cynthia Vreeland said were favorable terms to her client.
December 17, 2019 at 04:02 PM
5 minute read
I wrote last week about a spate new lawsuits seeking to hold hotel chains liable for sex trafficking on their premises.
But I didn't realize that a trial was actually underway in Massachusetts federal court—the culmination of a four-year pro bono effort by Wilmer Cutler Pickering Hale and Dorr on behalf of trafficking victim Lisa Ricchio against the Shangri-La Motel in Seekonk, Massachusetts.
According to the firm, it was the first case to use the Trafficking Victims Protection Reauthorization Act to go after a hotel.
After opening arguments and one day of powerful testimony from Ricchio, the case settled on what Wilmer partner Cynthia Vreeland said were favorable terms to her client. (The actual amount is confidential.) The parties submitted the stipulation of dismissal on Friday.
"The litigator in all of us is a little disappointed" not to try the case to verdict, Vreeland said. "But there couldn't have been a better outcome for our client."
On the stand, Ricchio told a devastating tale. She met Clark McLean (though he told her his name was Adrian Hobbs) in late 2010 or early 2011 when she was in her 20s and living in Maine. He told her he was a lawyer and owned a lobstering business. "We just really had a connection," she said. They began dating.
He lured her to Massachusetts by telling her he was in the hospital. "I really trusted Mr. McLean, and like I said no, I had no reason to not believe that to be the truth," Ricchio said.
Once she got to Massachusetts, McLean took her to the Shangri-La motel. In the room, he took her phone and her i.d., started "calling me names and screaming at me like 'bitch,' 'whore,' that kind of thing," she said, according to a trial transcript. "I was just terrified. I just wanted to go home really. I ended up just begging him, I was crying and shaking, and I just begged him to please let me go home… he was just very aggressive and violent with me, and he did rape me."
When he fell asleep, she snuck out the door and encountered a motel staff member, Sima Patel.
"I kind of reached out to her as I was hysterically saying like I didn't know where I was and begging for her to help me, saying that I was being held against my will, and Ms. Patel then … took her hand and brushed my hand away where I had kind of like reached out for her and actually started smiling and almost like she was like laughing at me in my face."
A moment later, Ricchio said, McLean appeared and "grabbed me and threw me on the ground right in front of Ms. Patel and repeatedly kicked me and punched me in the head."
Another time, Ricchio reported seeing "McLean and Mr. Patel, they actually, they exchanged like high fives, and Mr. McLean said to Mr. Patel, 'Let's get this thing going again. Let's make some money.'"
After several days of captivity, Ricchio managed to escape. (McLean was subsequently convicted of four counts of indecent assault and battery and sentenced to two years behind bars.)
Before Ricchio could finish testifying on the second day of trial, the case settled.
Along the way, the case established some key precedents. The Trafficking Victims Protection Reauthorization Act allows victims to bring civil actions against anyone who "knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter" of the law.
But what does it mean to knowingly benefit? Did the motel owner have to be part of the trafficking operation? Or was it enough to just be paid the room fee?
The district court judge originally dismissed the case for failure to state a claim—a ruling which Vreeland said was initially disappointing. But the judge was reversed on appeal, resulting in what Vreeland termed a "wonderful" decision from the First Circuit penned by retired Supreme Court Justice David Souter, sitting by designation.
In addition, the motel's insurer tried to dodge coverage, but was rebuffed by the district court.
Vreeland praised her client's strength and bravery, and said the court experience was ultimately empowering for Ricchio, who did not want to proceed as a Jane Doe. "She told her story, and she was believed."
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 AllLitigators of the Week: A Groundbreaking Defense Win in the Algorithmic Pricing Antitrust Suit Against Vegas Hotels
Notes From an Insurer Win in a Rare Trial Over COVID-19 Business Interruption Coverage Claims
Litigation Leaders: Pryor Cashman Co-Chairs Say Being a Litigator 'Is and Should Be a Passion'
For Trump Org CFO, a Hostile Manhattan Jury Pool Was a Key Driver in Hammering Out a Plea Deal
Law Firms Mentioned
Trending Stories
- 1Revenue Up at Homegrown Texas Firms Through Q3, Though Demand Slipped Slightly
- 2Warner Bros. Accused of Misleading Investors on NBA Talks
- 3FTC Settles With Security Firm Over AI Claims Under Agency's Compliance Program
- 4'Water Cooler Discussions': US Judge Questions DOJ Request in Google Search Case
- 5Court rejects request to sideline San Jose State volleyball player on grounds she’s transgender
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