Publications

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.