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.
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.

June 13, 2014
Published in: New York Law Journal | volume 252

Interaction of Federal and State Forfeiture 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 Nicholas G. Garaufis suppressed body armor permanently seized from defendant at the police precinct following his arrest for littering where there was no probable cause to keep the armor as evidence of a crime. Judge Arthur D. Spatt declined to dismiss a federal in rem civil forfeiture action despite a prior pending civil forfeiture action brought in state court under Article 13-A, CPLR. Judge Allyne R. Ross, on reconsideration, granted summary judgment to a plaintiff insurance company in light of newly discovered deposition testimony in a state case. And Judge Joseph F. Bianco denied defendant's untimely motion to withdraw a bankruptcy reference.

May 9, 2014
Published in: New York Law Journal | volume 251

Warrant, Privilege, Bankruptcy Case and Ponzi Scheme

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 suppressed evidence seized pursuant to an insufficiently particular search warrant.  Judge Sterling Johnson, Jr., upheld an order of Magistrate Judge Cheryl L.  Pollak finding waiver of attorney-client privilege and work-product protection by a party that failed to submit a timely privilege log as required by the local rules.  Judge Dora L.  Irizarry, affirming a decision of Bankruptcy Judge Elizabeth S.  Stong, granted a motion for sanctions against an attorney.  And Judge Joseph F.  Bianco affirmed the decision of Bankruptcy Judge Carla E.  Craig avoiding certain presumably fraudulent transfers relating to a Ponzi scheme.

March 14, 2014
Published in: New York Law Journal | volume 251

Age Discrimination Claim Dismissed, Section 1983 Action Moves Forward

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 remanded for further consideration a bankruptcy court decision disqualifying debtors' counsel. Judge Brian M. Cogan declined to let a lawyer appear pro hac vice at a retrial in light of his deficient performance in earlier proceedings. Judge Spatt ordered an interlocutory sale of forfeitable property to preserve the value of the property and protect defrauded investors. And Judge Denis R. Hurley gave pretrial guidance as to potential damages in an employment discrimination action.