Harvey M Stone

October 09, 2009 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, report that Judge Nicholas G. Garaufis found that certain uncharged "similar act" evidence offered by the prosecution was not admissible, while Judge Frederic Block denied a petition under the Hague Convention seeking the return of a young child to Ecuador. Also, Judge Edward R. Korman denied intervention by anti-abortion groups in an action involving increased access to an emergency oral contraceptive, and more.

By Harvey M. Stone and Richard H. Dolan

11 minute read

January 15, 2010 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, review recent decisions, including Judge Gershon's enjoining enforcement of a recent congressional resolution prohibiting continued funding of ACORN, Judge Weinstein's denial of a suppression motion while raising questions about the practice of not giving Miranda warnings in a secondary inspection area during a border crossing inquiry, Judge Spatt's reducing a sentence in light of a later amendment to the sentencing guidelines applicable to crack cocaine offenses and Judge Vitaliano's dismissal of a religious organization's challenge to the taking of its property for a parking garage.

By Harvey M. Stone and Richard H. Dolan

10 minute read

July 03, 2002 | New York Law Journal

T his column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York covering areas that include the following: grand jury subpoenas, attorney`s fees, sexual harassment and maritime law and limitation of liability.

By Peter R. Schlam And Harvey M. Stone

10 minute read

February 20, 2009 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that Judge Jack B. Weinstein recently dismissed three of the racketeering acts in an alleged RICO conspiracy; Judge Arthur D. Spatt dismissed various claims by a GMC dealership against General Motors arising from the failure to help plaintiff acquire a Buick and/or Pontiac dealership; Judge Frederic Block reduced a jury's punitive damages award after a verdict finding retaliation for a sex discrimination claim; and Judge Eric N. Vitaliano dealt with claims for a prejudgment attachment and a preliminary injunction in a civil RICO case.

By Harvey M. Stone and Richard H. Dolan

12 minute read

August 13, 2004 | New York Law Journal

Peter R. Schlam and Harvey M. Stone, partners at Schlam Stone & Dolan, report on recent cases, including Judge Jack B. Weinstein commenting extensively on both federal sentencing practice after Blakely and the historical role of courts and juries in sentencing.

By Peter R. Schlam and Harvey M. Stone

10 minute read

June 13, 2008 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that, among other cases, Judge John Gleeson recently granted a habeas petition based on ineffectiveness of appellate counsel, while Judge Arthur D. Spatt held that plaintiff was not bound by an oral agreement with the government in settlement of his personal injury claims.

By Harvey M. Stone and Richard H. Dolan

11 minute read

September 14, 2007 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that in recent developments: Judge Eric N. Vitaliano dismissed criminal charges alleging extortionate debt collection as based on conduct not covered by the statute; Judge Nicholas G. Garaufis dismissed two criminal contempt counts in an indictment against an attorney; and, Judge Frederic Block held that a Macy's employee had not "silently" acquiesced in an agreement to arbitrate her harassment and retaliation claims.

By Harvey M. Stone and Richard H. Dolan

10 minute read

April 14, 2006 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, report that Judge Frederic Block interpreted complex and somewhat-elusive areas of state law relating to depraved-indifference murder before denying a habeas petition while granting a certificate of appealability. Also, Magistrate Judge Viktor V. Pohorelsky granted discovery beyond the administrative record in favor of plaintiffs challenging FDA refusal to give over-the-counter approval for the morning-after pill.

By Harvey M. Stone and Richard H. Dolan

9 minute read

July 11, 2008 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam, Stone & Dolan, write that Judge Edward R. Korman recently declined to grant a habeas corpus petition challenging the preclusion of expert testimony about false confessions, while Judge Brian M. Cogan saw no reason to grant plaintiff jurisdictional discovery to save its complaint from dismissal. Also, Judge Eric N. Vitaliano dealt with arguments by insurance companies disclaiming aspects of liability in the wake of a gold theft.

By Harvey M. Stone and Richard H. Dolan

12 minute read

March 13, 2003 | New York Law Journal

By Peter R. Schlam And Harvey M. Stone

9 minute read