Matter of Vinluan

Oscar Michelen

Practice Area:Constitutional

Outcome:Successfully obtained a writ of prohibition

Description:In a case which garnered national attention, Vinluan was an attorney arrested for giving advice to a group of Phillipine nurses who resigned from their employment. The nurses were also arrested. The defendants were charged with endangering the welfare of patients and with conspiracy. The Appellate Division granted our writ of prohibition stopping the DA and the court from proceeding with the case. The APpellate Court held that the prosecution was an unconstitutional infringement of the defendant's 13th and 1st Amendment rights under the US and NY Constitution.