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.
April 11, 2019
Published in: New York Law Journal |

Rap Video, Lyrics Admissible; School Policy Not Unconstitutional; Precedent Questioned

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan reports on several significant, representative decisions handed down recently, including a decision holding that  defendant's  rap videos and  lyrics would be admissible in an upcoming trial; another finding no constitutional violation in a public school's banning a student from a show; and a third which questioned two Second Circuit precedents in a §1983  case.

March 7, 2019
Published in: New York Law Journal |

No Deprivation of Property Right; Denial of Bail; Privacy Interest; No Breach of Warranty

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant, representative decisions, including a decision that dismissed §1983 and due process claims by a suspended school superintendent; another denying defendant’s appeal from an order of detention pending trial in an international fraud case; another which enforced a subpoena to a third party, over the objections of defendant lenders, in a suit alleging violations of the Fair Debt Collections Act; and the last dismissing an action under the Magnuson-Moss Warranty Act, asserting food poisoning by a  restaurant.

February 7, 2019
Published in: New York Law Journal |

$2.3 Million Restitution Award; Protected Status Challenge; Prudential Ripeness Doctrine

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant recent decisions, including: a case in which defendant was found liable to pay restitution in a “pump and dump” stock fraud; a case in which the judge declined to dismiss an action challenging the government’s termination of Haiti’s Temporary Protected Status designation; and a case dismissing a claim by a Medicare provider challenging the procedures of the New York Department of Health in pursuing its Accelerated Collection Campaign.

January 10, 2019
Published in: New York Law Journal |

Realignment of Corporate Defendant; Motion to Suppress; FTCA Action

In their Eastern District Roundup, Richard H. Dolan discuss three recent decisions, one which declined to realign a corporate defendant as a plaintiff in a diversity action; another which dealt with various issues in connection with a motion to suppress evidence in a criminal case; and the last which dismissed an action brought under the Federal Tort Claims Act relating to a murder in Panama.

December 13, 2018
Published in: New York Law Journal |

Deficient Plea; Forum Selection; Discrimination and Retaliation Claims

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss several significant, representative decisions handed down recently: one decision finding a guilty plea agreement deficient because of an overly broad waiver of the right to a subsequent collateral attack; another denying defendant’s motion to dismiss a trademark action despite a clause in the contract between the parties designating Italy as the forum for any dispute “arising out of” the agreement; and the last dealing with discrimination, hostile work environment and retaliation claims on defendant’s motion for summary judgment.

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

Ineffective Assistance of Counsel; Virtual Currency Fraud; and Bank Immunity

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss three recent decisions: in the first, failure to seek accommodations at trial for a hearing-impaired client amounted to ineffective assistance of counsel; in another, an indictment charging securities fraud relating to virtual currency was upheld; and in the last, a bank was found to have immunity under the Anti-Money Laundering Act.

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.