MEDIA

Publications

Partners Harvey Stone and Richard Dolan write the monthly Eastern District Roundup column in the New York Law Journal. The column summarizes notable decisions issued by the judges of the United States District Court for the Eastern District of New York. The firm’s lawyers publish elsewhere in the New York Law Journal and for the Federal Bar Council.
March 11, 2016
Published in: New York Law Journal | volume 255

Custodial Interrogation, Vaccination, Illegal Detention

This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Frederic Block, finding that defendant was in "custody" during his interrogation at JFK Airport, suppressed the statements he made because he had not received timely Miranda warnings. Judge Arthur D. Spatt denied a motion for a preliminary injunction allowing plaintiff's minor children to attend a Jewish school pending her lawsuit challenging New York's vaccination requirements. And Judge Jack B. Weinstein awarded damages to a U.S. citizen illegally detained as an alien by Immigration and Customs Enforcement.

February 11, 2016
Published in: New York Law Journal | volume 255

Court Reduces Sentence During Prison Term

This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Edward R. Korman reduced the sentence of a man serving the second of two prison terms, despite the government's opposition. Judge Jack B. Weinstein explained the reasons for imposing seven years of strict supervised release, rather than a jail term, for possessing child pornography. Judge Denis R. Hurley rejected defendant's post-sentence request to amend her Pre-Sentence Report with information contradicting her pre-sentence submissions. And Judge Allyne R. Ross declined to transfer venue to the Southern District.

January 15, 2016
Published in: New York Law Journal | volume 255

Warning Against Grand Jury Subpoenas With Non-Disclosure Commands

This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Frederic Block granted a motion to suppress a firearm seized during a pat-down search on the street. Judge Raymond J. Dearie warned the government of possible sanctions in future cases if its grand jury subpoenas improperly directed recipients not to disclose the existence of the subpoenas. Judge Jack B. Weinstein found no long-arm jurisdiction over a Chinese company that manufactured a bicycle handlebar. And Judge Weinstein declined to dismiss a case or transfer it back to New Jersey under the first-to-file rule, where the Eastern District of New York had established jurisdiction first.

December 11, 2015
Published in: New York Law Journal | volume 254

Identity Theft and Hacking Cases; Equal Pay Action Proceeds

This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Jack B. Weinstein declined to dismiss the main claims of a U.S. citizen unjustly detained as an alien for over two years by U.S. Immigration and Customs Enforcement. Judge Dora L. Irizarry granted the government's application to admit at a criminal trial certain Rule 404(b) evidence relating to defendant's recent prior conviction. Judge Sandra J. Feuerstein sustained a complaint alleging violations of the Equal Pay Act. And Judge I. Leo Glasser rejected the government's application for a criminal forfeiture money judgment where defendant himself got no financial benefit from the crime.

November 13, 2015
Published in: New York Law Journal | volume 254

Revisiting Standard for Granting Expungement of Criminal Records

This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Raymond J. Dearie was constrained by precedent to deny petitioner's motion to expunge her old criminal conviction, but explained why it is "now time" to change the law in this area. Judge Frederic Block, with only one exception, rejected numerous copyright claims regarding after-the-fact transcriptions of certain unrecorded talks by Rabbi Menachem Mendel Schneerson.

September 11, 2015
Published in: New York Law Journal | volume 254

Section 1983 Suit Proceeds; Jury Verdict in Employment Case Stands

This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Jack B. Weinstein explained the reasons for sentencing a defendant to time served (one month) for not registering as a sex offender, 18 U.S.C. §2250. Magistrate Judge Gary R. Brown declined to enjoin advertisements by either plaintiff Cablevision or defendant Verizon, where the two competing providers of Wi-Fi services had each sought to stop allegedly false claims by the other.

August 14, 2015
Published in: New York Law Journal | volume 254

Former Inmates Allowed to Pursue Negligent Supervision Claims

This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge William F. Kuntz II concluded, after an evidentiary hearing, that defendant was competent to stand trial and that, despite some dementia, he had exaggerated his symptoms for purposes of malingering. Judge Raymond J. Dearie dealt with issues of sovereign immunity under the Federal Tort Claims Act, as applied to various claims by two female inmates who had been sexually abused by a correctional counselor.

July 10, 2015
Published in: New York Law Journal | volume 254

Hearing Ordered to Address Constitutionality of Prison Term

This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. In a case involving a 15-year minimum sentence for possessing child pornography and sexually exploiting a child, Judge Jack B. Weinstein outlined the powerful mitigating circumstances of defendant's background, adjourned sentencing, directed the parties to brief issues related to cruel and unusual punishment and possible sentencing alternatives, and ordered an evidentiary hearing.

June 12, 2015
Published in: New York Law Journal | volume 253

Judge Cites ‘Undue Hardship’ in Ordering Conviction Expunged

This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge John Gleeson, pointing to extraordinary circumstances, granted petitioner's motion to expunge her conviction. Judge Brian M. Cogan imposed sanctions on plaintiff's counsel for bad-faith comments at a conference, and denied plaintiff's motion for recusal based on the court's alleged "financial interests" and "bias." And Magistrate Judge Anne Y. Shields granted plaintiff leave to amend his complaint by adding a new §1983 claim alleging misconduct by state officials in his murder prosecution.

May 8, 2015
Published in: New York Law Journal | volume 253

Choice of Forum Provision in Internet Contract Not Enforced

This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Frederic Block denied a father's Hague Convention petition for the return of his children to Poland. With minor exception, Judge Brian M. Cogan denied motions by defendant Arab Bank, LLC, in the wake of a jury verdict finding it liable for numerous acts of terrorism. And Judge Jack B. Weinstein declined to enforce choice-of-forum provisions found in defendant company's online agreements.