NYLJ Eastern District Roundup
Posted: July 8, 2022 / Written by: Harvey M. Stone, Richard H. Dolan / Category Standing
Sentence Reduction, Question of Standing, TILA Liability
This column reports on several recent and significant representative decisions by the U.S. District Court for the Eastern District of New York. In reducing a lengthy sentence designed expressly for specific deterrence, Judge Gary R. Brown found that defendant's medical impairments, most of which arose during his 17 years of imprisonment, had greatly lessened the risk of recidivism, justifying a measure of relief under §3582(c)(1)(A). Judge Pamela K. Chen found that, under ERISA, unionized workers had standing to sue trustees of their former union regarding dollar amounts transferred to their new union. And Judge Sterling Johnson Jr. found that plaintiffs had failed to establish a bank's liability under the Trust in Lending Act regarding disclosures related to their mortgage.