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Appellate Division, First Department: January 2, 2024
Publication Date: 2024-01-02
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:December 28, 2023

December 07, 2023 | New York Law Journal

Preliminary Injunction Denied, Collateral Challenge Rights Waived and Denial of Frozen Funds

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Eric R. Komitee denied a preliminary injunction to a defamation plaintiff, Judge Gary R. Brown denied a prisoner's pro se petition to have his sentence vacated under 28 U.S.C. §2255 and Judge Frederic Block denied a motion by defendants to access frozen funds in an action brought by the SEC.
9 minute read
November 08, 2023 | New York Law Journal

First Amendment Challenge, Section 1983 Claims, Failure To Show Irreparable Injury

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Kovner dismissed a First Amendment challenge to a school district's policy of restricting comment at school board meetings to local residents. Judge Vitaliano granted defendants' motion to dismiss plaintiffs' claims under 42 U.S.C. §1983 concerning the Mitchell-Lama housing program. Judge Brown found that plaintiffs challenging New York state gun control legislation had not made a sufficient showing of irreparable injury to support preliminary injunctive relief.
10 minute read
Appellate Division, First Department: November 3, 2023
Publication Date: 2023-11-03
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:October 26 & 31, 2023

Appellate Division, Second Department: October 19, 2023
Publication Date: 2023-10-19
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdown List released on:October 16, 2023

Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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October 12, 2023 | New York Law Journal

Lack of Jurisdiction, Inmate's Trust Account and Claims Stemming From Capitol Attack

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Eric R. Komitee dismissed a complaint to compel arbitration for lack of jurisdiction. Judge Nicholas G. Garaufis granted the government's motion to garnish funds from an inmate trust account. Judge Frederic Block granted in part and denied in part defendants' motion to dismiss claims under §1983 and the New York Labor Law.
10 minute read
August 31, 2023 | New Jersey Law Journal

'Cannot Survive Supremacy Clause Scrutiny': How New Jersey's Law on Immigration Detention Facilities Failed

"AB 5207 evades easy classification under a particular branch of the Supreme Court's Supremacy Clause jurisprudence," stated Judge Robert Kirsch. "Regardless of the doctrine invoked, the result in this case is clear. A state law that wholesale deprives the federal government of its chosen method of detaining individuals for violating federal law cannot survive Supremacy Clause scrutiny."
7 minute read
August 21, 2023 | New York Law Journal

How to Appeal Unappealable Orders

Litigators must be able to identify when an appeal cannot be taken. Effective and creative appellate litigators know how to appeal an adverse ruling anyway.
7 minute read
August 10, 2023 | New York Law Journal

Motion to Suppress Denial, No Private Right of Action and Release on Bail Pending Appeal

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Eric N. Vitaliano denied a defendant's motion to suppress electronically stored information obtained by the government from Google. Judge Eric R. Komitee dismissed pro se claims alleging federal criminal violations committed during a state court landlord-tenant proceeding. And Judge Vitaliano denied release on bail pending appeal.
9 minute read
July 12, 2023 | New York Law Journal

Attempt to Block Unseal Names of Suretors Denied, Jurisdiction Under CAFA and Windfarm Construction

Judge Joanna Seybert rejected Congressman George Santos's attempt to prevent unsealing the names of the suretors of a bond securing his release. Judge LaShann DeArcy Hall declined to exercise jurisdiction under the Class Action Fairness Act. And Judge Frederic Block denied a preliminary injunction motion that sought to halt construction on a windfarm off Montauk.
10 minute read

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