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 »
Blogs
Posts Categorized: EDNY
EDNY Announces Three Vacancies for Magistrate Judge Positions
Posted by Solomon N. Klein, Litigation Partner The EDNY has announced that it will be filling three vacancies for magistrate judge positions (two in Brooklyn and one in Central Islip). Applications, available here, must be submitted by April 27, 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 »
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 »
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 »
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 »
Recent Rulings By Judges Johnson And Feuerstein Highlight The Jurisdictional Pitfalls When Removing Personal Injury Cases Based On Diversity
Posted by Solomon N. Klein, Litigation Partner Two rulings on the same day by District Judges Sterling Johnson and Sandra J. Feuerstein highlight the jurisdictional difficulties that can arise when removing personal injury cases to federal court on diversity grounds. Rita Alvarado v. New England Motor Freight, Inc. et al., 18 CV 2027 (E.D.N.Y. Aug.... Read more »
Judge Cogan Denies Motion To Dismiss Discrimination Action, Finding That Plaintiffs’ EEOC Complaint Satisfied Exhaustion Requirements Even Where Lawsuit Expanded On Allegations
Posted by Solomon N. Klein, Litigation Partner District Judge Brian M. Cogan denied a motion to dismiss where defendant argued that plaintiff failed to exhaust his administrative remedies before filing his lawsuit. Anderson v. Alclear, LLC, 18-cv-1525 (E.D.N.Y. Aug. 10, 2018) (BMC) (RML). (Interestingly, the Court ruled directly on defendant’s pre-motion conference letter, deeming the... Read more »
Judge Brodie Denies Criminal Defendant’s Motion To Require Government To Apply Forfeited Funds To Reduce Restitution Amount
Posted by Solomon N. Klein, Litigation Partner District Judge Margo K. Brodie rejected a defendant’s request to require the government to apply the amount of forfeited funds as a credit to his restitution obligation. United States v. Pratt, 17-cr-00262 (E.D.N.Y. June 11, 2018) (MKB). The defendant is a former postal employee who pled guilty to... Read more »
Schlam Stone Partners Bradley Nash and Solomon Klein to Speak at the Winning Edge Executive Business Conference
Schlam Stone Partners Brad Nash (the editor of the Insurance Blog) and Solomon Klein (editor of the EDNY Blog) will be speaking on June 18, 2018 at the Winning Edge 2018 Executive Business Conference at Montclair State University. Law and The Entrepreneur: Legal Challenges and Opportunities on the Path to Success Solomon N. Klein and... Read more »