Harvey M Stone

December 08, 2006 | Law.com

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan write that Judge David A. Trager allowed a defendant to amend her answer to include an affirmative defense that the alleged thousand-fold discrepancy between damages prescribed under the Copyright Act and actual damages would be constitutionally unacceptable.

By Harvey M. Stone and Richard H. Dolan

11 minute read

August 09, 2013 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, review a remand to a state criminal court of a case where defendant, a Shinnecock Indian, could not show that he would be denied "racial equality," a challenge to a town ordinance prohibiting day laborers from soliciting work by trying to stop vehicles, and more.

By Harvey M. Stone and Richard H. Dolan

11 minute read

December 09, 2011 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard Dolan, partners at Schlam, Stone & Dolan, write that Judge Joanna Seybert held that, where both parties failed to perform under a confidentiality agreement, neither could prevail in claiming a breach by the other, Judge Roslynn R. Mauskopf found that plaintiff had not properly served defendant under the Foreign Sovereign Immunities Act, and analyze other recent rulings.

By Harvey M. Stone and Richard Dolan

12 minute read

February 10, 2012 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan of Schlam Stone & Dolan discuss notable decisions, including one regarding claims that a student's dietary restrictions were mishandled by the Department of Education, and andother on various grounds to deny an out-of-time motion for reconsideration by a pro se plaintiff.

By Harvey M. Stone and Richard H. Dolan

12 minute read

December 14, 2012 | New York Law Journal

In their Eastern District Roundup, Schlam Stone & Dolan's Harvey M. Stone and Richard H. Dolan review decisions that allowed the government to continue medicating a defendant involuntarily to render him competent to stand trial, even though the first course of treatment, with a different medication, had failed; held that the New York law banning "metal knuckles" was not unconstitutionally vague; and more.

By Harvey M. Stone and Richard H. Dolan

12 minute read

January 11, 2013 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam, Stone & Dolan, write that, among other noteworthy rulings, Judge William Kuntz II found that a hearing was required to determine whether defendant was in custody for 'Miranda' purposes at the time of his statements to federal agents, and Judge Eric Vitaliano held that the bankruptcy trustee's adversary proceeding was properly dismissed on a theory of "constructive notice."

By Harvey M. Stone and Richard H. Dolan

10 minute read

October 12, 2012 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam, Stone & Dolan, write that Judge Raymond Dearie recently dismissed §1983 claims alleging false arrest and malicious prosecution because, even though the indictment was ultimately dismissed, while Judge Dora Irizzary saw no basis to grant damages to would-be airline passengers bumped from a flight, and also analyze other rulings.

By Harvey M. Stone and Richard H. Dolan

12 minute read

September 12, 2008 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, report that Judge Frederic Block held that a widow's claims linking two FBI agents to an informant's murder of her husband could not withstand summary judgment motions, while Judge Arthur D. Spatt ordered the forfeiture of a house used by a husband and wife in criminally mistreating their servants.

By Harvey M. Stone and Richard H. Dolan

10 minute read

August 10, 2012 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, review recent decisions where the court took steps to help an inmate change his security classification, which had been based on an outdated report containing allegations rejected by the jury at trial; held that a police officer who signed a complaint in a criminal case did not later receive absolute immunity from malicious prosecution charges by testifying in the grand jury, and more.

By Harvey M. Stone and Richard H. Dolan

11 minute read

January 13, 2012 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, discuss an evidentiary hearing regarding a new amendment to the Sentencing Guidelines; a financial penalty imposed on a traveler to Cuba for failing to provide information about the unauthorized trip; and the finding that limitations on attorney fees under applicable law prevented a plaintiff from meeting the $75,000 "amount in controversy" requirement.

By Harvey M. Stone and Richard H. Dolan

12 minute read