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 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.

May 11, 2017
Published in: New York Law Journal |

Court Rules on Civil Rights; Severance of a Criminal Case; and VARA 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. Chief Judge Dora L. Irizarry dismissed civil rights and related claims by international airline passengers because they were preempted by the Montreal Convention. Judge Kiyo A. Matsumoto ordered a severance in a two-defendant criminal case to prevent the risk of severe prejudice to one of the defendants. And Judge Frederic Block ruled on various claims in an action for damages under the Visual Artists Rights Act of 1990.

April 14, 2017
Published in: New York Law Journal |

Due Process Challenge; Two Discharge Exceptions; and a Copyright Claim

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 Pamela K. Chen found no due process violation by the government in taking brief control, for investigative purposes, of an established website that had been giving users anonymous access to child pornography. Judge Joseph F. Bianco affirmed two bankruptcy court decisions, one finding a particular debt non-dischargeable as arising from "willful and malicious injury," and one denying discharge entirely based on debtor's misstatements and failures of production. And Judge Arthur D. Spatt dismissed a copyright claim alleging unlawful copying of the design for a private residence.

February 9, 2017
Published in: New York Law Journal |

Decisions on Life Insurance Provision; Motions to Remand; and Jail 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 enforced the incontestability provision of a life insurance policy though the policy was procured by fraud. In separate cases, Judge Denis R. Hurley, relying on the preemption doctrine, denied a motion to remand to state Supreme Court; and Judge Eric N. Vitaliano, finding no diversity jurisdiction, granted a motion to remand. And Judge William F. Kuntz II set forth reasons for sentencing defendant to a four-year jail term with a large restitution payment.

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

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

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.

December 8, 2016
Published in: New York Law Journal | volume 256

Peremptory Challenges; Legal Malpractice Damages

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 found that two of defense counsel's peremptory challenges to potential jurors were improperly based on gender. Judge Denis R. Hurley decided what categories of damages could be presented to the jury in a legal malpractice case. And Judge Margo K. Brodie denied a defendant's motion to reconsider the denial of summary judgment regarding Truth in Lending Act claims, in part because of defendant's failure to raise its "lack of assignment" argument in its earlier motion papers.

November 10, 2016
Published in: New York Law Journal | volume 256

Supervised Release Condition, Arbitration Clauses, Preemption

This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. In a case involving a defendant who had served his sentence for receiving child pornography, Judge Jack B. Weinstein vacated as unconstitutional a condition of supervised release that defendant not attend church services with minors present. In three separate cases Judges Roslynn R. Mauskopf, Pamela K. Chen and Frederic Block ruled on motions to compel arbitration. And Judge Chen held that the Organic Food Production Act of 1990 preempted state law claims alleging improper labeling of infant formula.