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 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.

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

Scienter and Securities Law; Federal Tort Claims Act; Tax Prosecution

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 Frederic Block found a complaint's allegations sufficient to plead scienter under the Private Securities Litigation Reform Act. Judge Margo K. Brodie held that the military exception to the waiver of immunity under the Federal Tort Claims Act did not apply where plaintiff's injuries were not incident to military service. And Judge William F. Kuntz, II, saw no reason to admit into evidence Internal Revenue Code provisions and regulations to demonstrate the defendant tax preparer's lack of willfulness, when the court would instruct the jury on the law.

August 11, 2016
Published in: New York Law Journal | volume 256

Judge Recognizes Hardships in Imposing Lenient 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 imposed an exceptionally lenient sentence on a defendant who had suffered losses from the chaos in Syria. Judge Arthur D. Spatt explained the requirements of a complaint in admiralty that would allow defendant to implead a third party under Rules 14(c) and 9(h). And Judge Pamela K. Chen addressed the circumstances in which claims of fiduciary breach may be asserted by a mortgagor against a mortgage servicer.

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

Jury Verdict Set Aside in Dispute Between Software Companies

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 plaintiff's reassignment from his position as an armed ATF Special Agent to another job within the agency did not amount to "discrimination" against an "otherwise qualified individual" by reason of any "disability" under the Rehabilitation Act of 1993, where his supervisors had reasonably concluded that he should not be carrying a gun.

June 10, 2016
Published in: New York Law Journal | volume 255
Written by: Harvey M. Stone and Richard M. Dolan and

Attorney Sanctions; Considerations in Sentencing; Eastern District Roundup

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 Frederic Block imposed a probationary sentence in light of the extensive collateral consequences of defendant's conviction. Judge Allyne R. Ross sanctioned two attorneys for a pattern of conduct including neglect of trial-related scheduling orders. And Judge Jack B. Weinstein held that, contrary to a recently amended Application Note to a Guidelines provision, defendant's prior plea to Driving While Ability Impaired does not elevate his criminal history and thus he remains eligible for a "safety-valve" exception to a ten-year mandatory minimum sentence.