Posted by Solomon N. Klein, Litigation Partner
In a fact pattern echoing a law school Evidence Exam, Judge Garaufis granted in part and denied in part competing motions in limine regarding admissibility of an emergency 911 call where the victim described being shot by the defendant. United States v. Shipp, 19 CR 29 (E.D.N.Y. Mar. 9, 2020) (NGG).
Posted by Solomon N. Klein, Litigation Partner
Judges DeArcy Hall, Kovner, and Kuntz have each updated their Individual Rules. As a service to practitioners that are already familiar with the Judges’ rules, below are the changes of note and links to the new rules.
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) (WFK)(RLM).
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.
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.
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).
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 guidelines. United States v. Saunders, 18 CR 656 (E.D.N.Y. Feb. 6, 2020) (ENV).
Posted by Solomon N. Klein, Litigation Partner
District Judge Edward R. Korman dismissed an action against the U.S. by the estate and family of a Panamanian woman murdered by a U.S. servicemember in Panama. Rogelio Rodriguez, et al. v. Omar Velez-Pagan, et al. , 17-cv-3911 (E.D.N.Y. Oct. 26, 2018) (ERK) (SJB).
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. 24, 2018) (SJ) (RML). Mekhi v. Area Storage & Transfer, Inc. et al., 18-cv-4654 (E.D.N.Y. Aug. 24, 2018) (SJF) (AYS).