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.
October 11, 2019
Published in: New York Law Journal | volume 262

Immunity, Web-Based Contracts, Fraud and Breach Claims

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 Raymond J. Dearie held that the New York State Board of Law Examiners was not immune from a suit brought by a disabled plaintiff under §504 of the Rehabilitation Act. Judge Nicholas G. Garaufis denied a motion to compel arbitration where the web-based contract did not clearly display the relevant links. And Judge Carol Bagley Amon dealt with a motion by Turing Pharmaceuticals and Martin Shkreli to dismiss claims of fraud and breach of contract brought by a former employee.

September 13, 2019
Published in: New York Law Journal | volume 262

Plea Withdrawal Denied, FOIA Request Granted in Part, Fees Modified

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 Joseph F. Bianco (sitting by designation) found no "fair and just reason" to allow defendant to withdraw her guilty plea. Judge Nicholas G. Garaufis held that the Board of Governors of the Federal Reserve System had failed to release documents responsive to plaintiff's FOIA request. And Judge Raymond J. Dearie ruled on fee applications by plaintiffs' counsel in a class action case.

August 9, 2019
Published in: New York Law Journal | volume 262

Commercial Speech, Copyrights, Class Certification to Students

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 Sandra J. Feuerstein granted a company's application for a preliminary injunction restraining the Village of East Rockaway from placing certain restrictions on door-todoor solicitation. Judge Pamela C. Chen dismissed copyright claims because of plaintiffs' failure to meet the Copyright Act's registration requirements. And Judge Nina Gershon granted class certification to diabetic New York City public school students seeking injunctive relief relating to an alleged failure by the City Department of Education to provide adequate medical care.

July 12, 2019
Published in: New York Law Journal | volume 262
Written by: Harvey M. Stone and Richard H. Dolan and

Release Pending Habeas Review, Malicious Prosecution, §1983 Claims

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 released a defendant from incarceration pending Supreme Court review of his petition for certiorari, where Weinstein had granted habeas relief, the Second Circuit had reversed, and there were compelling medical reasons requiring defendant's presence to help his wife. Judge I. Leo Glasser declined to dismiss claims against the City of New York, Brooklyn District Attorney Charles Hynes and others for malicious prosecution and related misconduct. And Judge Pamela K. Chen dealt with motions to dismiss a variety of §1983 claims by a state court criminal defendant.

June 14, 2019
Published in: New York Law Journal | volume 261

Reduced Sentence, ‘Brady’ Violation, Motor Carrier Exemption to FLSA

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 applied the First Step Act of 2018 to reduce a 2009 sentence to time served. Judge Raymond J. Dearie found that the government's untimely production in a criminal case of voluminous material, much of it in Swahili and some of it favorable to the defense, required a new trial under Brady v. Maryland, 373 U.S. 83 (1963). And Judge I. Leo Glasser found no merit to plaintiffs' claims for overtime under the Fair Labor Standards Act and New York Labor Law, given the FLSA's Motor Carrier Exemption.

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.