January 10, 2014 | New York Law Journal
Age Discrimination Claim Dismissed; Section 1983 Action Moves ForwardIn their Eastern District Roundup column, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, report on significant decisions handed down recently in the Eastern District covering issues including contraceptive regulations and age discrimination.
By Harvey M. Stone and Richard H. Dolan
10 minute read
December 13, 2013 | New York Law Journal
Mail Fraud, Visual Artists Act, Jury TamperingIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, review the dismissal of mail fraud charges relating to a scheme to help applicants cheat in passing the written test for commercial drivers' licenses, a decision declining to grant an injunction prohibiting a landlord from demolishing a building that contained works of graffiti art, and other recent holdings.
By Harvey M. Stone and Richard H. Dolan
12 minute read
November 08, 2013 | New York Law Journal
Taking a Stand Against Harsh Sentences; Habeas Relief GrantedIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, review Judge Weinstein's opinion calling "unconscionable" the minimum sentence applicable to a defendant who, as an adolescent, accessed child pornography; Judge Gleeson's grant of a habeas petition based on various improprieties relating to the use of certain prejudicial testimony after it was supposedly stricken, and decisions from judges Chen and Bianco.
By Harvey M. Stone and Richard H. Dolan
11 minute read
June 14, 2013 | New York Law Journal
Sealing and Privilege Cases Address Protecting and Disclosing InformationIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, review recent rulings, including Judge Jack B. Weinstein ordering the unsealing of defendant's sentencing memorandum, disclosing details of her cooperation with the government in an official corruption investigation.
By Harvey M. Stone and Richard H. Dolan
11 minute read
July 12, 2013 | New York Law Journal
Judge Assesses Attorney Fees for Failing to Comply With DiscoveryIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that Judge Nicholas G. Garaufis allowed the government to introduce in a death penalty proceeding certain evidence of defendant's courtroom behavior to show lack of remorse, and analyze other decisions.
By Harvey M. Stone and Richard H. Dolan
10 minute read
March 09, 2012 | New York Law Journal
'Serious Injury' Claim, Sanctions Award for Frivolous AppealIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam, Stone & Dolan, report on decisions including Judge Joseph F. Bianco ruling that Section 1983 claims were barred by the Eleventh Amendment and the Rooker-Feldman doctrine and Judge Denis R. Hurley's finding on sanctions for fees and costs, and apportionment of liability, among plaintiff and his two counsel, in connection with a frivolous appeal to the Second Circuit.
By Harvey M. Stone and Richard H. Dolan
11 minute read
March 08, 2013 | New York Law Journal
'Future Dangerousness' Remains a Factor in Death Penalty CaseIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, reviews recent decisions that dismissed claims by actress Lindsay Lohan for unauthorized use of her name and sanctioned her attorney, dismissed a plaintiff's claims that he had been deprived of his right to challenge his classification as a registered sex offender, and more.
By Harvey M. Stone and Richard H. Dolan
10 minute read
September 13, 2013 | New York Law Journal
Attorney Ethics and Conduct Come Under ScrutinyIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan review recent holdings that an improper contingency fee agreement in a state criminal case had no "adverse effect" warranting habeas relief, granted a habeas petition based on trial counsel's failure to investigate and use important available evidence, and more.
By Harvey M. Stone and Richard H. Dolan
12 minute read
May 11, 2012 | New York Law Journal
Discovery and Classified Materials, Proving Loss Causation, ExtraditionIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, analyze Judge Eric Vitaliano's decision to allow the prosecution to modify its discovery obligations by turning over summaries of classified materials, in a way that protected the government's interest in national security and the defendant's interest in material information, and other recent rulings of interest.
By Harvey M. Stone and Richard H. Dolan
10 minute read
November 09, 2011 | New York Law Journal
Ineffective Assistance, Title VII, Motion to Suppress, Fraud AllegationsIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, review Judge Garaufis' suppression of evidence found on a car passenger where the government failed to show "reasonable suspicion" to justify the vehicle stop, Judge Seybert's deciding a variety of issues relating to alleged constructive and actual fraud against a plaintiff bank in denying a motion to dismiss, and more.
By Harvey M. Stone and Richard H. Dolan
11 minute read
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