Harvey M Stone

December 08, 2022 | New York Law Journal

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions handed down recently, including granting the motions of two defendants to reduce their sentences under the First Step Act; relying on the "automobile exception" to the Fourth Amendment and the inevitable discovery doctrine in denying a suppression motion; and denying a preliminary injunction requiring the State Liquor Authority to issue a permit to sell alcohol all night on New Year's Eve 2022.

By Harvey M. Stone and Richard H. Dolan

9 minute read

November 09, 2022 | New York Law Journal

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions handed down recently, including: dismissal of claims under §§11 and 15 of the Securities Act based on alleged failures to disclose COVID-related risks; partial grant of a motion for summary judgment in an action challenging seizure of vehicles on constitutional grounds; and a holding that a plea waiver was unenforceable because the statute underlying the conviction had been rendered unconstitutional in another case.

By Harvey M. Stone and Richard H. Dolan

9 minute read

October 13, 2022 | New York Law Journal

In this edition of their Eastern District Roundup column, Harvey M. Stone and Richard H. Dolan report on several recent and significant representative decisions: a ruling on pre-trial motions in a criminal case, including motions for a severance based on allegedly irreconcilable defense strategies; a finding that plaintiff failed to state a claim against the Roman Catholic Diocese of Brooklyn; and denial of a motion seeking a preliminary injunction against enforcement of the No Surprises Act.

By Harvey M. Stone and Richard H. Dolan

10 minute read

August 11, 2022 | New York Law Journal

In this edition of their Eastern District Roundup column, Harvey M. Stone and Richard H. Dolan report on several recent and significant decisions, including: a decision to grant a motion for an anonymous and partially sequestered jury; a finding that plaintiff's failure to plead concrete injury deprived him of standing and the court of jurisdiction; and a holding that the homestead exemption would cover certain proceeds from the sale of debtor's residence as part of a "give-up" transaction.

By Harvey M. Stone and Richard H. Dolan

8 minute read

July 07, 2022 | New York Law Journal

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several recent and significant representative decisions, including reduction of a lengthy prison sentence due to defendant's medical impairments; a holding that, under ERISA, unionized workers had standing to sue trustees of their former union regarding dollar amounts transferred to their new union; and a holding that plaintiffs failed to establish a bank's liability under the Truth in Lending Act regarding disclosures related to their mortgage.

By Harvey M. Stone and Richard H. Dolan

9 minute read

June 09, 2022 | New York Law Journal

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several recent and significant representative decisions, including denial of a prisoner's application for compassionate release based on COVID concerns; denial of plaintiffs' motion to vacate a judgment against them, dismissing their claims under the Anti-Terrorism Act; and reversal of a decision permitting a debtor to amend her complaint.

By Harvey M. Stone and Richard H. Dolan

9 minute read

April 14, 2022 | New York Law Journal

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant decisions, including: a denial of defendants' motions for a new trial based on the court's decision to seat only jurors who had been vaccinated against COVID-19; an affirmance of an order disqualifying a law firm from representing defendants while the firm was also representing a prospective trial witness with different interests; and a dismissal of an action seeking the refund of a federal tax penalty where the court lacked subject matter jurisdiction.

By Harvey M. Stone and Richard H. Dolan

10 minute read

March 10, 2022 | New York Law Journal

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions handed down recently, including: a decision declining to suppress a gun and evidence of marijuana possession; a holding that claims relating to sexual abuse of a minor were time-barred and an extension of time for filing did not apply; and a decision granting a college's motion for judgment on the pleadings in a suit over the suspension of in-person classes.

By Harvey M. Stone and Richard H. Dolan

9 minute read

February 17, 2022 | New York Law Journal

In their Eastern District Roundup column, Harvey Stone and Richard Dolan report on several notable decisions handed down recently by the court: 'Magtoles v. United Staffing Registry,' 'United States v. Demeo', and 'John v. All Star Limousine Service.'

By Harvey M. Stone and Richard H. Dolan

8 minute read

January 13, 2022 | New York Law Journal

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions, including: a denial of the government's motion for a partially sequestered jury in a terrorism trial and grant of its motion for an anonymous jury; and a holding that a law firm was not entitled to insurance coverage for damages caused by the potential presence of COVID-19 in its offices or by an Executive Order requiring a 100% reduction of the in-person workforce.

By Harvey M. Stone and Richard H. Dolan

6 minute read