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Posted: October 13, 2023
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
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Posted: August 21, 2023
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
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Posted: August 10, 2023
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
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Posted: July 12, 2023
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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Posted: June 8, 2023
Written by: Samuel L. Butt, Motion to Compel Arbitration, Motion in Limine Under Rule 404(b) and Writ of Habeas Corpus
This column reports on several significant decisions from the U.S. District Court for the Eastern District of New York. Judge Hector Gonzalez denied a motion to compel arbitration. Judge Joanna Seybert granted in part and denied in part a criminal defendant’s motion in limine under Rule 404(b) to exclude evidence. And Judge Raymond J. Dearie denied an application for a writ of habeas corpus. Read More
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Posted: May 10, 2023
Written by: Thomas A. Kissane, John MooreNYLL Claims Dismissed, Judicial Estoppel Denied and Compassionate Release
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 LaShann DeArcy Hall dismissed the plaintiff’s New York Labor Law claims against the Great Neck Park District. Read More
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Posted: March 9, 2023
Written by: Thomas A. Kissane, John MooreSection 1983 Claim, Motion for Protective Order and Electoral Abuses on Social Media
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 permitted a Section 1983 claim for prolonged detention to proceed against two Greenwich police officers. Read More
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Posted: February 10, 2023
Written by: Samuel L. Butt, Lack of Jurisdiction, Rulings Concerning ‘Crime of Violence’
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 Rachel P. Kovner granted a motion to dismiss for lack of subject matter jurisdiction because claims were not brought under the Administrative Procedures Act (APA). Read More
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Posted: January 13, 2023
Written by: Thomas A. Kissane, John MooreWarrant Execution, Vaccine Mandate, Restitution Obligation
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 granted a defendant’s motion to suppress his confession. Read More
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Posted: December 9, 2022
Written by: Richard H. Dolan, Harvey M. StoneSentence Reductions, Suppression Motion, Special Liquor Permit
This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Read More
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Posted: November 10, 2022
Written by: Richard H. Dolan, Harvey M. StoneSecurities Act Claims, Vehicle Seizures, Plea Waiver
This column reports on several significant representative decisions handed down recently in the U.S.… Read More
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Posted: October 14, 2022
Written by: Harvey M. Stone, Richard H. DolanPre-Trial Motions, Failure To State Claims, ‘No Surprises Act’ Challenge
This column reports on several recent and significant representative decisions by the U.S. District … Read More
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Posted: August 12, 2022
Written by: Harvey M. Stone, Richard H. DolanAnonymous Jury, Lack of Standing, 'Give Up' Transaction
This column reports on several recent and significant representative decisions by the U.S. District … Read More
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Posted: July 8, 2022
Written by: Harvey M. Stone, Richard H. DolanSentence 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. Read More
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Posted: June 10, 2022
Written by: Harvey M. Stone, Richard H. DolanCOVID Release and Motion to Vacate Denied, Permission to Amend Reversed
This column reports on several recent and significant representative decisions by the U.S. District Court for the Eastern District of New York. Read More
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Posted: April 15, 2022
Written by: Harvey M. Stone, Richard H. DolanVaccinated Jury, Counsel Conflict, Lack of Subject Matter Jurisdiction
This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Read More
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Posted: March 11, 2022
Written by: Harvey M. Stone, Richard H. DolanEvidence Properly Seized, Abuse Claims Barred, University's Motion Granted
This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Read More
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Posted: February 18, 2022
Written by: Harvey M. Stone, Richard H. DolanTVPA Claims Held Adequate; Release Granted; FLSA Claim 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. Read More
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Posted: January 14, 2022
Written by: Harvey M. Stone, Richard H. DolanSpecial Jury Procedures, Coverage for COVID-Related Losses
This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Read More
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Posted: December 10, 2021
Written by: Harvey M. Stone, Richard H. DolanUnenforceable Provision, Fabrication Claims, Counsel Conflict
This column reports on several signigicant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Brian M. Cogan held that a confidentiality provision in a settlement was unenforceable under the circumstances. Judge I. Leo Glasser restored claims of fabricated evidence against the estate of deceased former District Attorney Hynes and others after a controlling Second Circuit decision was reversed by the Supreme Court. And in a §1983 case Magistrate Judge James M. Wicks disqualified defense counsel for a conflict of interest. Read More
