Posts Categorized: EDNY

Posted: February 11, 2021

Judge Azrack Denies Motion To Dismiss Deceptive Practices Claims Against Retail Chain Selling Merchandise Exclusively In Its Outlet Store With “Suggested Retail” Price Tag

Posted by Solomon N. Klein, Litigation Partner As part of a line of cases involving consumer lawsuits against retail chains with “outlet” stores, Judge Joan M. Azrack denied defendant’s motion to dismiss plaintiffs’ deceptive practices claims, while granting in part the motion to dismiss other claims. Casio v. Vineyard Vines LLC, 19-cv-5135 (E.D.N.Y. Feb. 9,... Read more »

Posted: December 22, 2020

Judge Cogan Dismisses Civil RICO Action In Response to Plaintiff’s Motion for Default Judgment

Posted by Solomon N. Klein, Litigation Partner *Update: On Jan. 21, 2021,Judge Cogan granted plaintiff’s motion for reconsideration of the order denying default judgment and vacated the order dismissing the action.  The Judge found that “unlike its motion for a default judgment, plaintiff for the first time draws the connections between the broadly pleaded allegations... Read more »

Posted: December 17, 2020

Judge Hurley Bars Evidence of Mental Health Issues And Drug Use At Trial Of Defendant Accused Of Attempting To Provide Material Support to ISIS

Posted by Solomon N. Klein, Litigation Partner Judge Denis R. Hurley recently granted the government’s motion to preclude the defendant from presenting evidence of mental health and drug abuse at his trial – rejecting the defendant’s argument that evidence of mental health and drug abuse was relevant even in the absence of an insanity defense. ... Read more »

Posted: March 6, 2020

Judge Kuntz Remands Personal Injury Action After Adopting Magistrate Judge Mann’s R&R Finding That Defendants Failed to Establish Amount in Controversy Threshold

Posted by Solomon N. Klein, Litigation Partner Judge William F. Kuntz, II, recently overruled defendants’ objections to the Report and Recommendation issued by Magistrate Judge Roanne L. Mann, and remanded a personal injury action for lacking the amount in controversy threshold in diversity actions. Daversa v. Cowan Equipment Leasing, LLC, 20-CV-163 (E.D.N.Y. Feb. 28, 2020)... Read more »

Posted: February 26, 2020

Judge Garaufis Updates Individual Rules (Description of Changes Below)

Posted by Solomon N. Klein, Litigation Partner Judge Nicholas G. Garaufis has updated his Individual Rules. As a service to practitioners that are already familiar with the Judge’s rules, below are the changes of note. ♦ Only counsel of record familiar with the case may appear (no per diem counsel permitted). (Rule III.) ♦ Sentencing... Read more »

Posted: February 20, 2020

Judge Johnson Dismisses Indictment Against Incompetent Defendant After Rejecting Government’s Request To Involuntarily Medicate Defendant

Posted by Solomon N. Klein, Litigation Partner In a short but emphatic ruling, Judge Sterling Johnson put an end to a criminal case against an incompetent defendant after rejecting the government’s request to forcibly medicate defendant to restore his competency. United States v. Kendall, 18 CR 532 (E.D.N.Y. Feb. 11, 2020) (SJ). Defendant was apprehended... Read more »

Posted: February 18, 2020

Judge Vitaliano Holds that NY Penal Law § 150.05 (Fourth-Degree Arson) Is Not Prior “Crime of Violence” for Purposes of Sentencing Guidelines Calculation

Posted by Solomon N. Klein, Litigation Partner In a ruling involving a “very close question” of first impression in this District, Judge Vitaliano held that the recklessness standard applicable to fourth-degree arson in New York was not sufficiently “purposeful” to qualify as a prior “crime of violence” under the “career offender” provisions of the sentencing... Read more »

Posted: November 27, 2018

Schlam Stone Announces the Launch of the Same-Day Justice Program

Schlam Stone & Dolan LLP is pleased to announce the launch of the Same-Day Justice Program, an arbitration service where participants can participate in an evidentiary hearing and receive a decision in their case that same day. The Same-Day Justice Program is designed to give parties with disputes in the $50,000-$500,000 range an efficient and... Read more »