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Posted: November 12, 2021
Written by: Harvey M. Stone, Richard H. DolanSentence Reviewed, Injunction Denied, ‘Frustration of Purpose’ Claim Sustained
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: September 9, 2021
Written by: Harvey M. Stone, Richard H. DolanADA Class Action Proposal, Municipal Defamation Claims
In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report o… Read More
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Posted: August 13, 2021
Written by: Harvey M. Stone, Richard H. DolanNo Basis for Bail, Travel Requirement Not Preempted, TRO Denied
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 Joanna Seybert saw no basis to grant bail pending sentence, despite defendant’s plea to a lesser charge of the indictment. Judge Brian M. Cogan held that requiring certain out-of-state travelers to fill out a New York state COVID-19 health form on entering the state does not violate the Supremacy Clause. Judge Cogan also declined to grant a TRO directing the U.S. Embassy in Djibouti to adjudicate Form I-130 petitions under a fast-approaching deadline set by plaintiffs. Read More
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Posted: July 8, 2021
Written by: Harvey M. Stone, Richard H. DolanTax Sentence Rationale, Email Service, MDL Transfer
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 F. Kuntz II set forth the reasons for a two-year sentence of incarceration in a tax case. Chief Judge Margo K. Brodie granted plaintiffs’ motion to serve a preliminary injunction on a Taiwan-based company by email. And Judge Joanna Seybert and the Judicial Panel on Multidistrict Litigation decided related cases concerning defendant’s motion to transfer a matter to a multidistrict litigation. Read More
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Posted: June 11, 2021
Written by: Harvey M. Stone, Richard H. DolanStatements to Foreign Police, Interpol Immunity, Solicitation Sanctions
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 R. Komitee, denying a motion to suppress statements made to foreign officials in Bulgaria, found that there was no “joint venture” between U.S. and Bulgarian agents so as to require Miranda warnings. Judge Sterling Johnson Jr., held that there was no subject matter jurisdiction over claims against Interpol. And Judge Brian M. Cogan sanctioned plaintiffs’ counsel, in a Fair Labor Standards Act case, for improper client solicitation. Read More
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Posted: April 9, 2021
Written by: Harvey M. Stone, Richard H. DolanNegative Yelp Review, Securities Fraud Claims, Fee Disgorgement
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 Brian M. Cogan found that defendant’s hostile remarks on Yelp about plaintiffs’ medical practice did not amount to actionable defamation. Judge Frederic Block dealt with motions to dismiss securities fraud claims against a drug company and its executives relating to an off-label promotion scheme. And Judge LaShann DeArcy Hall ordered an attorney representing the debtor “in connection with” a bankruptcy case to disgorge part of his fee for failure to file the requisite statements of compensation. Read More
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Posted: February 18, 2021
Written by: Harvey M. Stone, Richard H. DolanProfit Disgorgement, RICO Dismissal, Agriculture Act Claims
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 Kiyo A. Matsumoto, while ordering defendant to disgorge over $5 million in a civil securities fraud case, deducted from the sum sought by the SEC the amounts paid by defendant to co-conspirators. Judge Brian M. Cogan denied plaintiff’s motion for a default judgment in a RICO case and dismissed all claims where the 186-page complaint failed to allege facts showing a RICO enterprise. And Judge LaShann Moutique DeArcy Hall dealt with claims under the Perishable Agricultural Commodities Act. Read More
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Posted: February 18, 2021
Written by: Harvey M. Stone, Richard H. DolanRecent Decisions Deny Motion To Dismiss, Shkreli Compassionate Release and Relief to Debtor
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 Dora L. Irizarry declined to dismiss labor law claims against a school offering career services training. Judge Kiyo A. Matsumoto denied a second motion by defendant Martin Shkreli for compassionate release from prison. And Judge Joan M. Azrack, affirming bankruptcy court orders, denied relief to the debtor and imposed a filing injunction in light of her vexatious pleadings. Read More
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Posted: November 12, 2020
Written by: Harvey M. Stone, Richard H. DolanNecessary Detention; No Article III Standing; Rent Law Claims 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. Judge Eric Komitee ordered defendant, charged with acting as an agent of a foreign government, to be detained pending trial. Judge Ann M. Donnelly held that participants in a particular employee benefit plan had no Article III standing to challenge the management of the plan where they could point to no “injury in fact.” And Judge Komitee dismissed, with certain exceptions, Section 1983 claims brought by landlords and landlord advocacy groups challenging the 2019 amendments to New York state’s rentstabilization laws. Read More
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Posted: October 8, 2020
Written by: Harvey M. Stone, Richard H. DolanThree Significant Decisions in September
This column reports on several significant representative decisions handed down recently in the United States District Court for the Eastern District of New York. Judge Joan M. Azrack denied defendant’s motion, based on the current pandemic, to postpone a criminal jury trial set for this month. Judge Brian M. Cogan, granting partial summary judgment to the government in a civil tax penalty collection action, found that defendants had willfully parked funds at a Swiss bank and hid the existence of those accounts from the IRS. And Judge Nicholas G. Garaufis dismissed a surgeon’s age discrimination claims on summary judgment. Read More
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Posted: August 13, 2020
Written by: Harvey M. Stone, Richard H. DolanShkreli, 'Monell' Claim Under Section 1983 and Pedigree Exception to 'Miranda'
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 Kiyo A. Matsumoto denied a motion for compassionate release by Martin Shkreli, a 37-year-old convicted of securities fraud who is now serving his sentence at FCI Allenwood Low. Judge Nicholas G. Garaufis denied a motion for a directed verdict by defendant Triborough Bridge and Tunnel Authority after its loss at trial in a Section 1983 case involving a police officer’s mistreatment of a bicyclist. And Judge I. Leo Glasser denied a suppression motion where the evidence in question fit the pedigree exception to Miranda. Read More
