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.
June 14, 2013
Published in: New York Law Journal | volume 249

Sealing and Privilege Cases Address Protecting and Disclosing Information

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, at the request of the press and over the government's objection, ordered the unsealing of defendant's sentencing memorandum, disclosing details of her cooperation with the government in an official corruption investigation. Judge Sterling Johnson Jr. denied a father's petition, pursuant to the Hague Convention, seeking return of his minor children to Mexico. Judge Arthur D. Spatt dismissed counterclaims for defamation where the allegedly defamatory letter was pertinent to previous and potential litigation. And Judge Denis R. Hurley found that a developer had infringed plaintiffs' copyrighted design work.

May 10, 2013
Published in: New York Law Journal | volume 249

Three Decisions Address Actions Involving Government Entities

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 reversed a Food and Drug Administration decision, imposed on the agency by the Secretary of Health and Human Services, denying over-the-counter access to a contraceptive drug. Judge Jack B. Weinstein remanded a case involving an autistic student for additional administrative findings as to whether the specialized public school selected by the New York City Department of Education met the standards of the Individuals with Disabilities Education Act Judge. Dora L. Irizarry, largely denying the parties' motions for summary judgment, found triable issues of fact that could establish the civil liability of defendant Crédit Lyonnais under the Antiterrorism Act of 1992. And Judge Frederic Block denied motions to dismiss civil claims against New York City brought by a criminal defendant exonerated after his lengthy incarceration.

May 10, 2013
Published in: New York Law Journal | volume 249

New York Law Journal, May 10, 2013: Three Decisions Address Actions Involving Government Entities

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 reversed a Food and Drug Administration decision, imposed on the agency by the Secretary of Health and Human Services, denying over-the-counter access to a contraceptive drug. Judge Jack B. Weinstein remanded a case involving an autistic student for additional administrative findings as to whether the specialized public school selected by the New York City Department of Education met the standards of the Individuals with Disabilities Education Act Judge. Dora L. Irizarry, largely denying the parties' motions for summary judgment, found triable issues of fact that could establish the civil liability of defendant Crédit Lyonnais under the Antiterrorism Act of 1992. And Judge Frederic Block denied motions to dismiss civil claims against New York City brought by a criminal defendant exonerated after his lengthy incarceration.

March 8, 2013
Published in: New York Law Journal | volume 249

‘Future Dangerousness’ Remains a Factor in Death Penalty 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 Nicholas Garaufis declined to strike evidence of 'future dangerousness' in the penalty phase of a capital case.  Judge Denis Hurley dismissed claims by actress Lindsay Lohan for unauthorized use of her name and sanctioned her attorney.  In another case Judge Hurley dismissed plaintiff's claims that he had been deprived of his right to challenge his classification as a registered sex offender.

February 8, 2013
Published in: New York Law Journal | volume 249

Anonymous Jury, Detentions After 9/11, §1983 Claims Against School District

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 Townes granted the government's motion in a criminal case to empanel an anonymous and partially sequestered jury. Judge Arthur Spatt denied a motion to dismiss §1983 claims of anti-Semitic harassment at a Northport High School. Judge I. Leo Glasser declined, on jurisdictional grounds, to review an administrative denial of plaintiff's application to adjust his immigration status. And Judge John Gleeson dealt with an array of constitutional claims against federal officials by non-citizen residents detained after the attacks of Sept. 11, 2001.

January 11, 2013
Published in: New York Law Journal | volume 249

Custody for ‘Miranda’ Purposes, Union Organizer Reinstatement, Discovery

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 Kuntz II found that a hearing was required to determine whether defendant was in custody for Miranda purposes at the time of his statements to federal agents. Judge Eric Vitaliano, affirming orders of Bankruptcy Judge Jerome Feller, held that the bankruptcy trustee's adversary proceeding was properly dismissed on a theory of "constructive notice." Judge Jack Weinstein granted an injunction, under the National Labor Relations Act, requiring a company to reinstate a union organizer as its super. And Judge Arthur Spatt adopted a Report and Recommendation of Magistrate Judge Gary Brown addressing discovery issues in a suit by a litigious owner of a pornographic film alleging copyright infringement by John Doe defendants.

December 14, 2012
Published in: New York Law Journal | volume 248

Involuntary Medication, Extradition, Third-Party Reliance and Fraud

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 Eric Vitaliano granted the government's application to continue medicating defendant involuntarily to render him competent to stand trial, even though the first course of treatment, with a different medication, had failed. Judge Joseph Bianco found that New York Penal Law §265.01, banning "metal knuckles," was not unconstitutionally vague as applied to a "Black Cat Keychain." Magistrate Judge Joan Azrack issued a certificate of extraditability, requiring a defendant convicted in a Brazilian narcotics trial to be returned to Brazil. And Judge I. Leo Glasser held that third-party reliance on defendants' statements provided a basis to uphold common law fraud claims.

October 12, 2012
Published in: New York Law Journal | volume 248

Exploring Right to Damages Relating to Plane Boarding and ATM Fees

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 Dearie dismissed §1983 claims alleging false arrest and malicious prosecution because, even though the indictment was ultimately dismissed for lack of evidence, the arrest itself was based on probable cause. Judge Dora Irizzary saw no basis to grant damages to plaintiffs bumped from a flight where they failed to reach the check-in counter an hour before departure, as required, even though they did reach the check-in line within that time frame. Judge Joseph Bianco, affirming the bankruptcy court's judgment, denied debtor's discharge from bankruptcy in light of her material misstatements and omissions. And Magistrate Judge Lois Bloom recommended default judgments and attorney fees against defendants for violating the Electronic Fund Transfer Act.

September 14, 2012
Published in: New York Law Journal | volume 248

Motion to Unseal Granted, Retaliation Claims Allowed to Go 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 I. Leo Glasser granted a motion to unseal the docket sheet in an old criminal case. Judge Jack Weinstein held that "No Limit Texas Hold'em" poker is not "gambling" for purposes of the Illegal Gambling Business Act. Judge Raymond Dearie denied a motion by the City of New York and certain police officers to dismiss claims that defendants retaliated against plaintiff, a police detective, for complaining to the Internal Affairs Bureau about the conduct of his colleagues. And Judge Arthur Spatt ruled on a prevailing defendant's application for costs in various categories.

August 10, 2012
Published in: New York Law Journal | volume 248

Security Classification, Sentence Reduction, Access to Documents

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 took steps to help an inmate change his security classification, set by the Bureau of Prisons in reliance on an obsolete Pre-Sentence Report. Judge Raymond Dearie held that a police officer who signed a complaint in a criminal case did not later receive absolute immunity from malicious prosecution charges by testifying in the grand jury. Judge Eric Vitaliano reduced a sentence in light of a post-sentence amendment to the Guidelines Manual. And Judge Arthur Spatt dealt with various issues relating to a press application for release of transcripts and exhibits in a sealed contempt proceeding.