- 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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