Court grants class certification in suit against New York Department of Education on behalf of students with diabetes.

On June 18, 2019, United States District Judge Nina Gershon, of the Eastern District of New York, certified a class defined as:

All students with diabetes who are now or will be entitled to receive diabetes related care and attend New York City Department of Education schools.

The case, M.F., et al. v. The New York City Department of Education, et al., was brought by the parents of three New York City public school students with diabetes and the American Diabetes Association, suing as an organizational plaintiff on behalf of its members who who include children with Type 1 and Type 2 diabetes who attend New York City Department of Education (DOE) schools and their parents.

Read more

Yatvin a 2019 Super Lawyer

The 2019 list of Pennsylvania Super Lawyers includes Alan L. Yatvin of the Philadelphia Law Firm Popper & Yatvin.  This is Yatvin’s 16th consecutive year of being honored, having been named a Super Lawyer every year since the program’s creation in 2004. The Super Lawyer distinction is given to only a very small percentage of Pennsylvania\’s … Read more

January 22, 1973, at about 10 AM

Memory is strange.  My son, Dan, has a savant-like ability to precisely place and describe even the most mundane events, going back to nursery school.  My recall of even important moments is foggier.  Unlike most people born before 1960, I do not remember where I was when I learned that John F. Kennedy had been shot.

However, one very distinct memory I have from my youth is where I was on January 22, 1973, at about 10 AM.

Read more

Yatvin co-counsels suit against New York Department of Education on behalf of students with diabetes.

Popper & Yatvin partner Alan L. Yatvin is serving as co-counsel in a federal class action lawsuit filed on November 1, 2018, alleging the New York City public schools routinely violate the rights of students with diabetes by denying them necessary services and even excluding them from some school activities altogether. Almost two months into another school year, many parents of children with diabetes still face the impossible choice of sending their child to school without knowing whether their child will receive the necessary diabetes-related care or keeping them at home.

Disability Rights Advocates (“DRA”), the American Diabetes Association (“ADA”), and Law Offices of Popper & Yatvin are suing the New York City Department of Education (“DOE”) and other New York City agencies for their systemic failure to ensure that students with diabetes can attend school safely and have access to the same educational opportunities as their peers. This constitutes a clear violation of Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and the New York City Human Rights Law.

Read more

Yatvin Key Member of Defense Team at the ICC

A decade ago Jean-Pierre Bemba Gombo (Bemba) was charged by the Office of the Prosecutor (Prosecutor) of the International Criminal Court (ICC) with crimes committed in the Central African Republic (CAR) in 2002-2003 (murder and rape as crimes against humanity, murder and rape as war crimes, and pillaging as a war crime). Mr. Bemba was President of the Movement for the Liberation of the Congo (MLC), a political party founded by him and based in the northwest of the Democratic Republic of Congo (DRC), and Commander-in-Chief of its military branch. The events giving rise to the charges took place on the territory of the CAR, during an MLC intervention to support Ange-Félix Patassé, the then President of the CAR, in suppressing a rebellion. Bemba was convicted on March 21, 2016.

Mr. Aimé Kilolo Musamba

Bemba was represented in this Main Case at the ICC by Aimé Kilolo Musamba (Kilolo), a lawyer from DRC, who is also a French speaking member of the Brussels Bar.

In November of 2013, Mr. Kilolo and three other members of the Bemba defense team were arrested. Bemba was already in custody on the main case. Mr. Kilolo remained in custody in The Hague, seat of the ICC, for the next 11 months. Kilolo and the others were charged a few weeks later with offences against the administration of justice. Essentially, this case was about witness and evidence tampering.

Read more

Affordable Insulin Initiative Takes a Step Forward

In the June of 2016, the Board of Directors of the American Diabetes Association (ADA) asked Board Member Alan L. Yatvin to chair the ADA’s Insulin Access Workgroup to address the problem of access to affordable insulin.  Charged with helping to develop and inform ADA policy, the Workgroup was made up of members and officers of the Board of Directors.  Working with then-Chief Advocacy Officer, Shereen Arent, the Workgroup developed a Resolution on Insulin Affordability which was approved by the Board on November 17, 2016.

Yatvin then worked with ADA staff to build and publicize an on-line petition based on the resolution, seeking transparency in the insulin supply chain and affordable insulin.  The petition also called on Congress to hold hearings to identify the reasons for the dramatic increases in insulin prices and to act to ensure all people who need insulin have affordable access to this lifesaving medication.  The Stand up for Affordable Insulin Petition, has garnered over 300 thousand signatures and is the ADA’s most successful petition.

Read more

Court of Appeals agrees with Yatvin on student’s right to attorney’s fees

In 2008, Popper & Yatvin partner Alan L. Yatvin filed an administrative complaint under the Individuals with Disabilities Education Act (IDEA) on behalf of Emily R., a second grader in the Ridley School District, in suburban Philadelphia. On March 30, 2017, after two previous appearances on this case in the United States Court of Appeals for the Third Circuit, Yatvin was again before the Court for oral argument.

Read more