MEDIA

Publications

Partners Harvey Stone and Richard Dolan write the monthly Eastern District Roundup column in the New York Law Journal. The column summarizes notable decisions issued by the judges of the United States District Court for the Eastern District of New York. The firm’s lawyers publish elsewhere in the New York Law Journal and for the Federal Bar Council.
September 13, 2018
Published in: New York Law Journal |

Abortion Protesters; Robocalls; and Virtual Currency Fraud

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 Carol Bagley Amon denied injunctive relief against anti-abortion protesters. Judge LaShann DeArcy Hall upheld a complaint alleging a violation of the Telephone Consumer Protection Act for unsolicited robocalls to a residence. And Judge Jack B. Weinstein, finding extensive fraud in the purported sale of virtual currencies, granted an injunction and severe monetary penalties against defendant under the Commodity Exchange Act.

August 9, 2018
Published in: New York Law Journal |

Lenient Sentencing; Supervised Release; Discovery Issues

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 Jack B. Weinstein explained the reasons for departing well below the guidelines range in sentencing defendant to incarceration for only two months. Judge Weinstein terminated, rather than revoking, the supervised release of a defendant well on the road to rehabilitation whose marijuana addiction had caused him to violate the terms of supervised release. And Magistrate Judge Cheryl L. Pollak, deciding several discovery motions, found communications between a law firm and a retained accountant to be privileged under the circumstances.

July 12, 2018
Published in: New York Law Journal |

Stay Pending Criminal Appeal; Conflict of Interest; and Restitution and Forfeiture

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 Arthur D. Spatt declined to stay a civil case pending defendant’s appeal of his criminal conviction involving substantially the same facts. Judge William F. Kuntz II, granted the government’s motion to disqualify an attorney in a criminal case for an unwaivable conflict of interest. And Judge Margo K. Brodie held, in the context of a criminal sentencing, that the court had no authority to apply forfeited funds to a restitution order.

June 7, 2018
Published in: New York Law Journal |

Motion to Remand Denied; Qualified Immunity; Merchant Marine Academy

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 I. Leo Glasser declined to remand a case to state court where plaintiffs could not state a cause of action against the non-diverse defendants. Judge Jack B. Weinstein found that officers sued in a §1983 action for “false arrest” had acted reasonably and therefore had qualified immunity. And Judge Joseph F. Bianco declined to grant injunctive relief to plaintiff in connection with his suspension from the Merchant Marine Academy for alleged sexual misconduct.

May 10, 2018
Published in: New York Law Journal |

Housing Discrimination Motion; Tax Refund Claim; Probationary Sentence

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 Jack B. Weinstein declined to dismiss claims of housing discrimination related to the requirement that Latino tenants of rent-stabilized apartments produce “proof of citizenship.” Judge Raymond J. Dearie found that plaintiff had failed to make a valid formal or informal refund claim within the statute of limitations. And Judge Weinstein stated the reasons for a probationary sentence with financial restitution.

April 12, 2018
Published in: New York Law Journal |

Ineffective Assistance Claim Rejected; DACA Rescission Barred; Virtual Currency Injunction Granted

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 Jack B. Weinstein declined to grant collateral relief to a petitioner alleging that he would not have pled guilty had counsel accurately explained the risk of deportation. Judge Nicholas G. Garaufis granted a preliminary injunction barring the Secretary of Homeland Security and others from rescinding the DACA Program. And Judge Weinstein granted the CFTC's application for an injunction against deceptive practices regarding virtual currency "spot" trading.

March 8, 2018
Published in: New York Law Journal |

Suppression of Statement; Punitive Damages Under ADA; Restitution in a Criminal Case

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 Margo K. Brodie suppressed defendant's statement to law enforcement made before any  Miranda warnings. Judge Leonard D. Wexler dealt with issues relating to punitive damages under the Americans With Disabilities Act. And Judge Jack B. Weinstein declined to resolve claims of proposed intervenors seeking restitution in a criminal case.

January 11, 2018
Published in: New York Law Journal |

Conflict of Interest; Lack of Incarceration Alternatives; Denial of Recusal Motion

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 N. Vitaliano disqualified an attorney from representing a defendant at a criminal trial because of an unwaivable conflict of interests. Judge Jack B. Weinstein discussed the lack of available alternatives to incarceration for violent offenders in sentencing three members of street gangs. And Judge Nicholas G. Garaufis rejected claims that his comments in prior related litigation and other factors required recusal.

December 7, 2017
Published in: New York Law Journal |

Ineffective Assistance of Counsel; Labor Law Issues; DACA Rescission Challenges

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 Nina Gershon denied a petition pursuant to 28 U.S.C. §2255 alleging ineffective assistance of trial counsel. Judge Jack B. Weinstein explained factors relevant to when a worker is an employee or an independent contractor, and when overtime pay is required for work done at home. And Judge Nicholas G. Garaufis dealt with challenges to the Trump administration's rescission of the DACA program.

November 16, 2017
Published in: New York Law Journal |

‘Monell’ Claims Allowed; Motion to Dismiss Denied; and Inadequate Smuggling Allegation

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 Jack B. Weinstein allowed  Monell claims against the City of New York to proceed, premised on an alleged widespread practice of false arrests. Judge Raymond J. Dearie denied a motion to dismiss "disquieting" claims, brought under the False Claims Act, alleging billing improprieties and other misconduct relating to a hospital residency program. And Judge Dora L. Irizarry found that an indictment had not adequately alleged smuggling under 18 U.S.C. §554.