Harvey M Stone

September 12, 2019 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss a decision which found no "fair and just reason" to allow defendant to withdraw her guilty plea; a decision holding that the Board of Governors of the Federal Reserve System had failed to release documents responsive to plaintiff's FOIA request; and a ruling on fee applications by plaintiffs' counsel in a class action case.

By Harvey M. Stone and Richard H. Dolan

9 minute read

August 08, 2019 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant decisions, one of which granted a company’s application for a preliminary injunction restraining the Village of East Rockaway from placing certain restrictions on door-to-door solicitation; another dismissing copyright claims because of plaintiffs’ failure to meet the Copyright Act’s registration requirements; and the last granting class certification to diabetic New York City public school students seeking injunctive relief relating to an alleged failure by the City Department of Education to provide adequate medical care.

By Harvey M. Stone and Richard H. Dolan

9 minute read

July 11, 2019 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss several recent significant decisions, one releasing a defendant from incarceration pending Supreme Court review of his petition for certiorari; another declining to dismiss claims against the City of New York, Brooklyn District Attorney Charles Hynes and others for malicious prosecution and related misconduct; and the last tackling motions to dismiss a variety of §1983 claims by a state court criminal defendant.

By Harvey M. Stone and Richard H. Dolan

10 minute read

June 13, 2019 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss a decision applying the First Step Act of 2018 to reduce a 2009 sentence to time served; a decision finding that the government's untimely production in a criminal case of voluminous material, much of it in Swahili and some of it favorable to the defense, required a new trial under 'Brady v. Maryland'; and a decision finding no merit to plaintiffs' claims for overtime under the Fair Labor Standards Act and New York Labor Law, given the FLSA's Motor Carrier Exemption.

By Harvey M. Stone and Richard H. Dolan

9 minute read

April 11, 2019 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan reports on several significant, representative decisions handed down recently, including a decision holding that defendant's rap videos and lyrics would be admissible in an upcoming trial; another finding no constitutional violation in a public school's banning a student from a show; and a third which questioned two Second Circuit precedents in a §1983 case.

By Harvey M. Stone and Richard H. Dolan

9 minute read

March 07, 2019 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant, representative decisions, including a decision that dismissed §1983 and due process claims by a suspended school superintendent; another denying defendant's appeal from an order of detention pending trial in an international fraud case; another which enforced a subpoena to a third party, over the objections of defendant lenders, in a suit alleging violations of the Fair Debt Collections Act; and the last dismissing an action under the Magnuson-Moss Warranty Act, asserting food poisoning by a restaurant.

By Harvey M. Stone and Richard H. Dolan

9 minute read

February 07, 2019 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant recent decisions, including: a case in which defendant was found liable to pay restitution in a “pump and dump” stock fraud; a case in which the judge declined to dismiss an action challenging the government's termination of Haiti's Temporary Protected Status designation; and a case dismissing a claim by a Medicare provider challenging the procedures of the New York Department of Health in pursuing its Accelerated Collection Campaign.

By Harvey M. Stone and Richard H. Dolan

9 minute read

January 10, 2019 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss three recent decisions, one which declined to realign a corporate defendant as a plaintiff in a diversity action; another which dealt with various issues in connection with a motion to suppress evidence in a criminal case; and the last which dismissed an action brought under the Federal Tort Claims Act relating to a murder in Panama.

By Harvey M. Stone and Richard H. Dolan

9 minute read

December 13, 2018 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss several significant, representative decisions handed down recently: one decision finding a guilty plea agreement deficient because of an overly broad waiver of the right to a subsequent collateral attack; another denying defendant's motion to dismiss a trademark action despite a clause in the contract between the parties designating Italy as the forum for any dispute “arising out of” the agreement; and the last dealing with discrimination, hostile work environment and retaliation claims on defendant's motion for summary judgment.

By Harvey M. Stone and Richard H. Dolan

8 minute read

November 08, 2018 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss three recent decisions: in the first, failure to seek accommodations at trial for a hearing-impaired client amounted to ineffective assistance of counsel; in another, an indictment charging securities fraud relating to virtual currency was upheld; and in the last, a bank was found to have immunity under the Anti-Money Laundering Act.

By Harvey M. Stone and Richard H. Dolan

8 minute read