- Posted: February 2, 2026 / NYLJ Eastern District Roundup
Written by: John MooreA Short Guide to the Complex Rules of Binding Precedent in New York State Courts
Perhaps unsurprisingly for a state that calls its trial courts the Supreme Court, the rules of binding precedent in New York state courts are not always obvious. Online searches turn up summaries (written by AI and attorneys alike) that confidently proclaim incorrect rules for when a particular decision binds other courts to the same result. Because the question of whether a court’s decision is binding can end up determining a case, this article aims to set the record straight with a (mostly) comprehensive explanation of what decisions are binding and when. Read More
- Posted: January 9, 2026 / NYLJ Eastern District Roundup
Written by: Ian Weiss'Morpheus' and the Clear Language Rule: NY Court Limits Broker Fees
When a brokerage contract states the broker is owed fees for its client’s transactions, does that include transactions its client procures entirely on its own, without any help from any broker? Should the court enforce the plain meaning of the contract’s broad language and award the broker a windfall fee for nothing? Read More
- Posted: January 9, 2026 / NYLJ Eastern District Roundup
Written by: Samuel L. Butt, John MooreCase Dismissed for Frivolous Allegations and Lack of Subject Matter Jurisdiction
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. In Emrit v. Burnett, 25 CV 2873 (EDNY, Nov. 27, 2025), Judge Pamela K. Chen dismissed pro se plaintiff’s complaint against, among others, Erin Burnett and Volodymyr Zelensky, sua sponte, for lack of subject matter jurisdiction and because it was frivolous. Read More
- Posted: December 12, 2025 / NYLJ Eastern District Roundup
Written by: Samuel L. Butt, Thomas A. KissaneCourt Rejects Plaintiff’s Suit Over NYCTA Discipline and Union Representation
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. In Wilson v. Transportation Workers Union, Local 100, 24 CV 7362 (EDNY, Oct. 27, 2025), Judge Ramón E. Reyes, Jr., granted defendants’ motion to dismiss plaintiff’s complaint because the federal statutes upon which plaintiff relied did not apply to him and the analogous state-law claim was time-barred. Read More
- Posted: November 18, 2025 / NYLJ Eastern District Roundup
Written by: Thomas A. Kissane, John MooreKey Court Decisions: Dismissals and Rights Restrictions
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. In Freeman v. HSBC Holdings PLC, 14 CV 6601 (EDNY, Sept. 30, 2025), Judge Chen denied plaintiffs’ motion to vacate the court’s dismissal and attendant judgment for the purposes of filing a third amended complaint. Read More
- Posted: October 15, 2025 / NYLJ Eastern District Roundup
Written by: Samuel L. Butt, John MooreJudicial Discretion in Awarding Counsel Fees in Divorce Cases
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. In Schenker of Canada Ltd. v. Am Trans Expedite LLC, 24 CV 6440 (EDNY, Sept. 4, 2025), Judge Cogan held that plaintiff’s claims are not implausible, so as to support a motion to dismiss, merely because it is possible to draw other plausible conclusions from the complaint’s allegations that would not support liability. Read More
- Posted: September 22, 2025 / NYLJ Eastern District Roundup
Written by: Thomas A. Kissane, Samuel L. ButtCourt Vacates Sex Trafficking Conviction Over Evidence Concerns
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. In United States v. Chen, 22 CR 158 (EDNY, July 7, 2025), Judge Vitaliano granted defendant’s Federal Rule of Criminal Procedure 29 motion to vacate his conviction for participating in a sex trafficking conspiracy in violation of 18 U.S.C. §1591(a). Read More
- Posted: July 15, 2025 / NYLJ Eastern District Roundup
Written by: Thomas A. Kissane, John MooreBankruptcy, Habeas and Immigration: Recent Court Highlights
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. In Miranda v. TLB 2019 LLC, 25 CV 533 (EDNY, May 18, 2025), Judge Eric N. Vitaliano affirmed an Order of Chief Bankruptcy Judge Alan S. Trust of the United States Bankruptcy Court for the Eastern District of New York setting aside the defendant-appellant’s deed to debtor-plaintiff-appellee Sonia Miranda’s property as a fraudulent transfer. Read More
- Posted: June 24, 2025 / NYLJ Eastern District Roundup
Written by: Samuel L. Butt, John MooreSummary Judgment Clears Discrimination and FTCA Claims
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. In Liberman v. Goldberg, 21 CV 5053 (EDNY, April 30, 2025), Judge Eric N. Vitaliano resolved a contentious dispute between an attorney and her former employer by granting summary judg-ment dismissing her discrimination claims and the firm’s sole counterclaim. Read More
- Posted: February 18, 2025 / NYLJ Eastern District Roundup
Written by: Samuel L. Butt, Thomas A. KissaneHigh-Stakes Decisions From The Eastern District of New York
This column reports on several recent significant decisions from the United States District Court for the Eastern District of New York. Chief Judge Margo K. Brodie denied compassionate release. Judge Hector Gonzalez granted defendants’ motion to dismiss constitutional claims based on res judicata. And Judge Brian M. Cogan declined to compel immigration authorities to adjudicate plaintiff’s application for a waiver of inadmissibility. Read More
- Posted: December 16, 2024 / NYLJ Eastern District Roundup
Written by: Samuel L. Butt, John MooreRecent Decisions from the United States District Court for the Eastern District
This column reports on several recent significant decisions from the United States District Court for the Eastern District of New York. Judge Brian M. Cogan dismissed a claim for lack of subject matter jurisdiction. Judge Eric R. Komitee denied a motion to withdraw a guilty plea. And Judge Joan M. Azrack designated a case as com-plex for the purposes of exclusion of time under the Speedy Trial Act. Read More
- Posted: November 13, 2024 / NYLJ Eastern District Roundup
Written by: Samuel L. Butt, Thomas A. KissaneFOIA Claims Dismissed, New Trial Granted and Qui Tam Claims
This column reports on several recent significant decisions from the U.S. District Court for the Eastern District of New York. Judge Natasha C. Merle dismissed claims based on res judicata. Judge Frederic Block granted a motion for a new trial due to an excessive damage award. And Judge Brian M. Cogan dismissed qui tam claims under the False Claims Act for lack of subject matter jurisdiction. Read More
- Posted: October 15, 2024 / NYLJ Eastern District Roundup
Written by: Thomas A. Kissane, John MooreA Motion To Dismiss, a Reduced Sentence Request, and a Motion to Remand
This column reports on several recent significant decisions from the U.S. District Court for the Eastern District of New York. Judge Rachel P. Kovner denied a motion to dismiss for lack of subject matter jurisdiction. Judge Joan M. Azrack denied defendant’s motion to reduce his sentence. And Judge Natasha C. Merle denied a motion to remand to state court. Read More
- Posted: January 16, 2024 / NYLJ Eastern District Roundup
Written by: Samuel L. Butt, John MooreJudicial Immunity, Denial of Sanctions and Disqualification of Counsel
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Gary R. Brown dismissed a complaint against United States Bankruptcy Court Chief Judge Alan S. Trust and others based on judicial immunity. Magistrate Judge Vera M. Scanlon denied a motion for sanctions and adverse inferences. Magistrate Judge James M. Wicks granted a motion to disqualify counsel. Read More
- Posted: December 11, 2023 / NYLJ Eastern District Roundup
Written by: Samuel L. Butt, Thomas A. KissanePreliminary Injunction Denied, Collateral Challenge Rights Waived and Denial of Frozen Funds
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Eric R. Komitee denied a preliminary injunction to a defamation plaintiff, Judge Gary R. Brown denied a prisoner’s pro se petition to have his sentence vacated under 28 U.S.C. §2255 and Judge Frederic Block denied a motion by defendants to access frozen funds in an action brought by the U.S. Securities and Exchange Commission (SEC). Read More
- Posted: November 10, 2023 / NYLJ Eastern District Roundup
Written by: Thomas A. Kissane, John MooreFirst Amendment Challenge, Section 1983 Claims, Failure To Show Irreparable Injury
This column reports on several significant representative decisions from the United States District Court for the Eastern District of New York. Judge Rachel P. Kovner dismissed a First Amendment challenge to a school district’s policy of restricting comment at school board meetings to local residents. Judge Eric N. Vitaliano granted defendants’ motion to dismiss plaintiffs’ claims under 42 U.S.C. §1983 concerning the Mitchell-Lama housing program. Judge Gary R. Brown found that plaintiffs challenging New York state gun control legislation had not made a sufficient showing of irreparable injury to support preliminary injunctive relief. Read More
- Posted: October 13, 2023 / NYLJ Eastern District Roundup
Written by: Samuel L. Butt, Thomas A. KissaneLack of Jurisdiction, Inmate’s Trust and Claims Stemming From Capitol Attack
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Eric R. Komitee dismissed a complaint to compel arbitration for lack of jurisdiction. Judge Nicholas G. Garaufis granted the government’s motion to garnish funds from an inmate trust account. Judge Frederic Block granted in part and denied in part defendants’ motion to dismiss claims under §1983 and the New York Labor Law. Read More
- Posted: August 21, 2023 / NYLJ Eastern District Roundup
Written by: John MooreHow to Appeal Unappealable Orders
New York law grants expansive rights to appeal to the Appellate Division from Supreme Court rulings, but those generous rights have limits. Litigators must be able to identify when an appeal cannot be taken. Effective and creative appellate litigators know how to appeal an adverse ruling anyway. To start, CPLR 5512(a) defines an “appealable paper” as one “taken from the judgment or order of the court of original instance.” In contrast to a “judgment or order,” a mere “decision” from the motion court does not give rise to an appeal. Enter “no appeal lies from a decision” into your favorite legal search engine for a wealth of Appellate Division cases dismissing attempts to appeal from a decision. The exact line between a decision and an order can be a little hard to pin down. But if the paper you’re looking at is labeled an order, refers to the docket entries reviewed in reaching the order, and contains decretal paragraphs ordering (or refusing to order) certain relief, you probably don’t have anything to worry about. Read More
- Posted: August 10, 2023 / NYLJ Eastern District Roundup
Written by: Samuel L. ButtMotion to Suppress Denial, No Private Right of Action and Release on Bail Pending Appeal
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Eric N. Vitaliano denied the defendant’s motion to suppress electronically stored information obtained by the government from Google. Judge Eric R. Komitee dismissed pro se claims alleging federal criminal violations committed during a state court landlord-tenant proceeding. And Judge Vitaliano denied release on bail pending appeal. Read More
- Posted: July 12, 2023 / NYLJ Eastern District Roundup
Written by: Thomas A. Kissane, John MooreAttempt to Block Unseal Names of Suretors Denied, Jurisdiction Under CAFA and Windfarm Construction
This column reports on several significant decisions from the U.S. District Court for the Eastern District of New York. District Judge Joanna Seybert rejected Congressman George Santos’s attempt to prevent unsealing the names of the suretors of a bond securing his release. Judge LaShann DeArcy Hall declined to exercise jurisdiction under the Class Action Fairness Act. And Judge Frederic Block denied a preliminary injunction motion that sought to halt construction on a windfarm off Montauk. Read More
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