Blogs
Current Developments in the US District Court for the
Eastern District of New York
Posted: February 18, 2020
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).
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Posted: November 27, 2018
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 affordable solution for resolution of... READ FULL POST
Posted: November 5, 2018
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).
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Posted: September 4, 2018
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).
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Posted: August 15, 2018
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 pre-motion conference letter to constitute the motion to dismiss.)
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Posted: June 25, 2018
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).
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Posted: June 7, 2018
Posted by Solomon N. Klein, Litigation Partner
District Judge Sandra J. Feuerstein dismissed an action against a Jane Doe defendant after finding that plaintiffs failed to take reasonable steps to discover the identity of the Jane Doe defendant. The Court held that “while courts ‘typically resist dismissing suits against John Doe defendants until the plaintiff has had some opportunity for discovery to learn the identities of responsible officials’”, plaintiffs must be reasonably diligent and timely in identifying the unnamed defendant. Conley v. Copiague Union Free Sch. Dist., 16-cv-4546 (E.D.N.Y. June 4, 2018) (SJF) (AYS).
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Posted: May 11, 2018
Posted by Solomon N. Klein, Litigation Partner
We previously wrote about District Judge Denis R. Hurley’s sua sponte dismissal of cases involving LLCs that fail to properly plead diversity jurisdiction. Judge Hurley has recently dismissed yet another case involving an LLC for lack of subject matter jurisdiction. Encompass Group, LLC v. Oceanside Inst’l Indus., Inc., 16-cv-2560 (E.D.N.Y May 3, 2018) (DRH) (AYS).
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Posted: May 10, 2018
Posted by Solomon N. Klein, Litigation Partner
District Judge Nicholas G. Garaufis denied an insurer’s motion to dismiss a lawsuit brought directly by a plaintiff against the insurer of a vehicle that belonged to the Principality of Monaco. The Court ruled that the lawsuit was proper under the Diplomatic Relations Act of 1978, despite the fact that plaintiffs typically may not bring a direct lawsuit against the insurer of an alleged tortfeasor. Green v. First Liberty Insurance Corporation, 17-cv-6975 (E.D.N.Y May 8, 2018) (NGG)(CLP).
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Posted: April 17, 2018