Berkman Henoch Successfully Defends Suffolk County Against Claim Seeking Class Action Certification Involving the Southwest Sewer District


4 September, 2018


Firm NewsRecent Decisions

In a case which will have major ramifications and further Suffolk County’s ability to ensure fiscal stability to the County’s sewer districts and protect water quality, Berkman Henoch successfully defended the County in an action which sought to certify as a class, the residents of the Southwest Sewer District to challenge the County’s management of the Drinking Water Protection plan and its discretionary budgetary decisions.

In rejecting plaintiffs’ motion for class action certification and ruling for Suffolk County, the Supreme Court, Suffolk County agreed with Berkman Henoch that the plaintiffs had failed to establish the statutory requirements necessary for class certification and that, in any event, class certification was inappropriate based upon the “government operations rule.” The Court further granted Berkman Henoch’s motion to
disqualify plaintiffs’ counsel, Paul Sabatino, II, and rejected their motion for summary judgment.

The County was represented by partners, Joseph E. Macy and Robert Carruba, and associate, Daniel Evers.

A copy of the Court’s order: Brownyard Order 7.13.18.