MEDIA

Publications

The firm’s lawyers write for the New York Law Journal and for other print and online publishers. In particular, Harvey Stone and Richard Dolan write the Eastern District Roundup, a monthly New York Law Journal column summarizing notable decisions in the Eastern District of New York.

December 13, 2018

Deficient Plea; Forum Selection; Discrimination and Retaliation Claims

Published in: New York Law Journal

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.

July 12, 2018

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

Published in: New York Law Journal

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

Motion to Remand Denied; Qualified Immunity; Merchant Marine Academy

Published in: New York Law Journal

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

Housing Discrimination Motion; Tax Refund Claim; Probationary Sentence

Published in: New York Law Journal

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

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

Published in: New York Law Journal

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

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

Published in: New York Law Journal

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

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

Published in: New York Law Journal

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

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

Published in: New York Law Journal

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

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

Published in: New York Law Journal

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.

January 12, 2017

Challenging Expert Reliability; Vacating a Default; Discovery in Criminal Cases

Published in: New York Law Journal

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 rejected a coram nobis petition challenging, in light of post-trial developments, the reliability of a government expert witness in a coin fraud case. Judge Spatt also vacated a default judgment in a bankruptcy proceeding. And Judge Kiyo A. Matsumoto denied defendant's request for discovery and a bill of particulars in a criminal case.