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.
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.

October 12, 2017
Published in: New York Law Journal |

Website Accessibility; ‘Fatico’ Hearing’; and Lack of Personal Jurisdiction

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 held that a claim against an art supply business for maintaining a website inaccessible to blind people was covered by the Americans with Disabilities Act. Judge Dora L. Irizarry made  Fatico findings against defendant in connection with a sentencing for his role in purchasing material with military or nuclear uses for shipment to Iran. And Judge Leonard D. Wexler relied, in substantial part, on contractual provisions, including a forum selection clause, in denying defendants' motion to dismiss.

August 10, 2017
Published in: New York Law Journal |

Court Addresses Sentencing Issues; Suits Arising from State Proceedings

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 imposed a sentence of time served, well under the Guidelines range, in a narcotics case where defendant would be deported on completing his term of incarceration. Chief Judge Dora L. Irizzary granted a §2255 petition where, under recent Supreme Court rulings, petitioner's prior offenses did not support a sentencing enhancement under the Armed Career Criminal Act. Judge Margo K. Brodie dismissed a §1983 suit against a state agency for lack of subject matter jurisdiction and lack of ripeness. And Judge Joseph F. Bianco affirmed a bankruptcy court's decision to abstain from an adversary proceeding.

July 13, 2017
Published in: New York Law Journal |

Court Addresses Inconsistent Verdicts; Joint Employers; Package Labeling

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 I. Leo Glasser held that an alleged inconsistency between a guilty verdict on count one and the jury's answers to special interrogatories on the verdict sheet did not require a new trial. Judge Jack B. Weinstein found that two legally distinct entities were "joint employees" under the Fair Labor Standards Act, thus requiring employee work hours to be assessed cumulatively in determining overtime pay. And Judge Sandra J. Feuerstein found that the labeling on packages for Kellogg's "Cheez-It Whole Grain" crackers was not misleading.

June 8, 2017
Published in: New York Law Journal |

Retrial Granted; Supplemental Jurisdiction Declined; Habeas Petition Denied

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 Sterling Johnson Jr. granted, in part, a new trial motion in a criminal case because there was no substantial evidence of specific intent to violate the statute in question dealing with export controls. Judge Brian M. Cogan declined to exercise supplemental jurisdiction over state and city claims for monetary damages in a suit brought under the Americans with Disabilities Act. And Judge Joseph F. Bianco denied a joint habeas petition claiming ineffective assistance of counsel in the failure to advise petitioners of deportation as a "presumptively mandatory" consequence of their guilty pleas.