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.
April 23, 2015
Published in: New York Law Journal | volume 253

Judge Takes Significant Deviation From Sentencing Guidelines

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, referring to "excessive" sentences in drug cases, explained the strong reasons for leniency in sentencing a mother whose young daughter suffered from sickle cell disease and other impairments. Judge Raymond J. Dearie, on motions for summary judgment, addressed several issues relating to an insurance company's assertion of an "auto exclusion" defense. And Judge Denis R. Hurley found that various communications sent by defendant did not violate his supervised release because the evidence at hand did not show the statements to be "true threats."

March 13, 2015
Published in: New York Law Journal | volume 253

Motion to Vacate Default Judgment Over Service of Process Denied

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 Joanna Seybert relied on the good faith exception to the exclusionary rule in denying a motion to suppress where the search warrant lacked particularity. Judge Jack B. Weinstein, denying defendant's motion for summary judgment in a Title VII case brought by a pro se plaintiff, discussed the need for legal assistance in such cases and the current efforts to fill that need. Judge I. Leo Glasser declined to vacate a default judgment against defendants, whose claims of defective service of process were unpersuasive. And Judge Joseph F. Bianco affirmed Magistrate Judge Gary R. Brown's finding of discovery misconduct by an insurer/defendant and its counsel in a Hurricane Sandy case.

February 13, 2015
Published in: New York Law Journal | volume 253

Motion to Withdraw Plea in Drug Case Using Informant Denied

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 Arthur D. Spatt denied a motion to withdraw a guilty plea where counsel's failure to file a government misconduct motion attacking several counts in the indictment would have been a reasonable tactic and, in any event, caused no discernible prejudice. In a suit seeking an injunction directing Governor Andrew Cuomo to call a special election to fill a vacant congressional seat, Judge Jack B. Weinstein issued an opinion that prompted the governor to expedite the election, thus mooting the case.

January 9, 2015
Published in: New York Law Journal | volume 253

Anonymous Jury, Inmate Actions, Pregnancy Discrimination 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 Sandra L. Townes granted the government's request to keep a trial jury anonymous and partially sequestered. Judge Edward R. Korman denied a motion by the City of New York for judgment on the pleadings in a suit alleging tort claims brought by a mentally impaired prison inmate who, in another case, had signed a settlement releasing the city from civil rights claims.

December 12, 2014
Published in: New York Law Journal | volume 252

Relief in Hurricane Sandy Cases Over Insurer’s Actions

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, granting a §2255 motion, vacated petitioner's guilty plea in light of the government's misleading pre-plea disclosures, which omitted any mention of "warrantless wiretaps" under the Foreign Intelligence Surveillance Act amendments of 2008. Magistrate Judge Gary R. Brown invited plaintiffs, whose house was damaged by Hurricane Sandy, to apply for sanctions as compensation for defendant insurer's deceptive engineering report, and ordered further discovery relating to such conduct in all Sandy-related cases.  

November 12, 2014
Published in: The Association of the Bar of the City of New York |

Profiles In Law: At Fork In Life’s Road, He Studied Law

Not long ago this newsletter [44th Street Notes, A Publication of The Association of the Bar of the City of New York] wrote about attorneys who left the law for more creative passions.  But in many cases the opposite occurs, as people who start out in other careers find a law degree is exactly what they need to fulfill life's goals

October 10, 2014
Published in: New York Law Journal | volume 252

Challenge to Sex Offender Registration Dismissed

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, granting summary judgment to one of two co-defendant corporations in a discrimination case, dealt with issues relating to employer status and aiding and abetting. Judge Pamela K. Chen rejected a constitutional challenge to sex offender registration and residency requirements. Judge Allyne R. Ross chose not to impose restitution in a wire fraud case where the difficulty of identifying a victim would unduly burden the sentencing process. And Judge Sandra L. Townes granted the government's motion to dismiss a petition by a Citibank customer to quash an IRS administrative summons to the bank issued in aid of collecting assessed taxes.

September 12, 2014
Published in: New York Law Journal | volume 252

Sentence Reduced to Remedy Injustice

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 applauded the government for agreeing to an order vacating two counts of a conviction to allow for a sentence reduction in an old case where the court had been statutorily constrained to impose an overly harsh prison term. Judge Arthur D. Spatt held that, despite a related pending state-court proceeding, abstention did not apply in light of recent U.S. Supreme Court authority. Judge Joanna Seybert, with minor exception, denied a company's motion to quash OSHA subpoenas. And Judge Frederic Block rejected defendant's motion for judgment on the pleadings regarding claims of race discrimination.

August 8, 2014
Published in: New York Law Journal | volume 252

Two Cases Revisit Criminal Convictions

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 I. Leo Glasser granted a writ of error coram nobis in the interests of justice, to prevent continuing legal consequences from petitioner's conviction. Judge Sterling Johnson Jr., holding that the federal courts cannot grant a New York State Certificate of Relief from Civil Disabilities, suggested steps for petitioner to gain the requested relief in state Supreme Court. Judge Jack B. Weinstein held that a homeowner who bought a house adjacent to his for his daughter was protected by the Real Estate Settlement Procedures Act. And Judge Sandra J. Feuerstein denied defendant's motion to dismiss a Title VII claim based on pregnancy discrimination.

July 11, 2014
Published in: New York Law Journal | volume 251

Summary Judgment in Hostile Work Environment Case

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 Kiyo A. Matsumoto saw no reason, despite an application by the parties, to seal papers submitted in connection with a motion. Judge William F. Kuntz, II, rejected plaintiffs' claims that their religious beliefs entitled them to send their children to school without mandatory vaccinations. Kuntz also granted summary judgment in plaintiffs' favor on their hostile work environment claims detailing sexual abuse by employees and failure of management to take corrective action. And Judge Jack B. Weinstein held that, under the circumstances, plaintiff's failure to exhaust administrative remedies did not bar his section 1983 claims against jail officials.