December 09, 2021 | New York Law Journal
Unenforceable Provision, Fabrication Claims, Counsel ConflictIn this edition of this Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions, including a holding that a confidentiality provision in a settlement was unenforceable under the circumstances; a decision to restore claims of fabricated evidence; and a decision disqualifying defense counsel for a conflict of interest.
By Harvey M. Stone and Richard H. Dolan
9 minute read
November 10, 2021 | New York Law Journal
Draconian Sentence Reviewed, EEO Injunction Denied, 'Frustration of Purpose' Claim SustainedIn 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 memorandum explaining a judge's intention to reduce an overly harsh sentence required as a mandatory minimum in 2011; a decision declining to preliminarily enjoin the enforcement of COVID-19-related Executive Orders; and a decision addressing a bank's claims seeking to avoid contractual obligations to an airline in light of disruptions caused by COVID-19.
By Harvey M. Stone and Richard H. Dolan
10 minute read
September 09, 2021 | New York Law Journal
Habeas Petition, ADA Class Action Proposal, Municipal Defamation ClaimsIn this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions handed down recently, denial of a a wide-ranging habeas petition by a state prisoner; dismissal of a proposed class action against Newsday for offering videos without closed captioning on its website; and granting of summary judgment to municipal defendants facing defamation and related claims.
By Harvey M. Stone and Richard H. Dolan
9 minute read
August 12, 2021 | New York Law Journal
No Basis for Bail, Travel Requirement Not Preempted, TRO DeniedIn this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss a decision denying bail pending sentence; a holding that requiring certain out-of-state travelers to fill out a New York state COVID-19 health form on entering the state does not violate the Supremacy Clause; and a decision declining a TRO directing a U.S. Embassy to adjudicate Form I-130 petitions under a fast-approaching deadline set by plaintiffs.
By Harvey M. Stone and Richard H. Dolan
10 minute read
July 08, 2021 | New York Law Journal
Tax Sentence Rationale, Email Service, MDL TransferIn this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant decisions handed down recently: one setting forth the reasons for a two-year sentence of incarceration in a tax case; another granting plaintiffs' motion to serve a preliminary injunction on a Taiwan-based company by email; and the last deciding related cases concerning defendant's motion to transfer a matter to a multidistrict litigation.
By Harvey M. Stone and Richard H. Dolan
9 minute read
June 10, 2021 | New York Law Journal
Statements to Foreign Police, Interpol Immunity, Solicitation SanctionsIn this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant decisions handed down recently: one denying a motion to suppress statements made to foreign officials in Bulgaria; another finding that there was no subject matter jurisdiction over claims against Interpol; and a third sanctioning plaintiffs' counsel for improper client solicitation.
By Harvey M. Stone and Richard H. Dolan
10 minute read
May 13, 2021 | New York Law Journal
Motion To Preclude Witness, TCPA Violation, Securities Fraud ClaimsIn this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss a decision precluding defendants from calling plaintiff's former counsel as a trial witness; a holding that a complaint alleging illegal robocalls in violation of the TCPA did not adequately connect defendants to the calls received by plaintiff; and a decision declining to dismiss securities fraud claims, rejected defendants' arguments based on the statute of limitations and risk disclosures.
By Harvey M. Stone and Richard H. Dolan
9 minute read
April 08, 2021 | New York Law Journal
Negative Yelp Review, Securities Fraud Claims, Fee DisgorgementIn this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on a holding that hostile Yelp remarks did not amount to defamation; a decision on motions to dismiss securities fraud claims against a pharmaceutical company; and an order to an attorney representing a debtor "in connection with" a bankruptcy case to disgorge part of his fee for failure to file the requisite statements of compensation.
By Harvey M. Stone and Richard H. Dolan
11 minute read
February 18, 2021 | New York Law Journal
Recent Decisions Deny Motion To Dismiss, Shkreli Compassionate Release and Relief to DebtorIn this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss a decision declining to dismiss labor law claims against a school offering career services training; another denying a second motion by defendant Martin Shkreli for compassionate release from prison; and third affirming bankruptcy court orders that denied relief to the debtor and imposed a filing injunction in light of her vexatious pleadings.
By Harvey M. Stone and Richard H. Dolan
9 minute read
January 07, 2021 | New York Law Journal
Profit Disgorgement, RICO Dismissal, Agriculture Act ClaimsIn this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions, including an order that defendant disgorge over $5 million minus amounts paid out as commissions; a denial of default judgment in a RICO case and dismissal of all claims where a bloated complaint failed to allege facts showing a RICO enterprise; and claims under the Perishable Agricultural Commodities Act.
By Harvey M. Stone and Richard H. Dolan
9 minute read