Harvey M Stone

November 12, 2020 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on three notable decisions, including an order that defendant, charged with acting as an agent of a foreign government, should be detained pending trial; a holding that participants in a particular employee benefit plan had no Article III standing to challenge the plan's management; and a decision dismissing claims challenging the 2019 amendments to New York state's rent-stabilization laws.

By Harvey M. Stone and Richard H. Dolan

9 minute read

October 08, 2020 | New York Law Journal

Iin their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions regarding moving ahead with a criminal jury trial, reporting overseas bank accounts, and dismissing an age discrimination claim.

By Harvey M. Stone and Richard H. Dolan

10 minute read

August 13, 2020 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. udge Kiyo A. Matsumoto denied a motion for compassionate release by Martin Shkreli, Judge Nicholas G. Garaufis denied a motion for a directed verdict by defendant Triborough Bridge and Tunnel Authority after its loss at trial in a Section 1983 case and Judge I. Leo Glasser denied a suppression motion where the evidence in question fit the pedigree exception to Miranda.

By Harvey M. Stone and Richard H. Dolan

8 minute read

June 11, 2020 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Raymond J. Dearie found "extraordinary and compelling reasons" to grant compassionate release under the First Step Act, based on old and new events in a decades-old case. Judge Eric N. Vitaliano, assessing the defendant's medical condition and his criminal record, denied compassionate release under the First Step Act.

By Harvey M. Stone and Richard H. Dolan

10 minute read

May 07, 2020 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss three recent decisions, the first holding that an attempted Hobbs Act robbery was not a "crime of violence" under the "elements clause" of 18 U.S.C. §924(c); that next holding that criminal defendants could be jointly and severally liable under 18 U.S.C. §(a)(1) even if they did not personally benefit from the forfeitable property; and the last denying motions for summary judgment by LIU College of Pharmacy against a professor's claims of retaliation.

By Harvey M. Stone and Richard H. Dolan

10 minute read

March 12, 2020 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, report on a holding that New York's "recklessness" requirement for fourth-degree arson did not meet the more rigorous requirement of "purposefulness" for a "crime of violence" under the federal sentencing guidelines; a decision declining to dismiss claims of an antitrust conspiracy; and a decision granting in part and denying in part a motion for summary judgment by a plaintiff contesting the summary suspension of his right to represent taxi drivers before the City's OATH tribunal.

By Harvey M. Stone and Richard H. Dolan

9 minute read

February 13, 2020 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant decisions: one holding that officers had reasonable suspicion to stop and search defendant; another finding liability and assessing damages against a lounge for broadcasting a boxing match without authorization; and a third dismissing a complaint alleging securities fraud.

By Harvey M. Stone and Richard H. Dolan

8 minute read

December 12, 2019 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss a decision denying a motion to suppress statements made during detention at a border crossing; a ruling on the admissibility of certain hearsay statements as present sense impressions and excited utterances; and a decision holding that a collective bargaining agreement did not give defendant company the right to compel arbitration of a sexual harassment claim.

By Harvey M. Stone and Richard H. Dolan

10 minute read

November 07, 2019 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss a decision in which the judge called for a shift in the legal profession's culture to encourage attorneys with mental illness to seek help; another decision enforcing an Internet arbitration clause against a customer; and a decision declining to dismiss IRS claims for money damages against a co-defendant who had benefitted from fraudulent conveyances by her father-in-law to escape estate taxes.

By Harvey M. Stone and Richard H. Dolan

9 minute read

October 10, 2019 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss a decision holding that the New York State Board of Law Examiners was not immune from a suit brought by a disabled plaintiff under §504 of the Rehabilitation Act; another decision denying a motion to compel arbitration where the web-based contract did not clearly display the relevant links; and a decision dealing with with a motion by Turing Pharmaceuticals and Martin Shkreli to dismiss claims of fraud and breach of contract brought by a former employee.

By Harvey M. Stone and Richard H. Dolan

9 minute read