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Harvey M Stone

Harvey M Stone

September 13, 2018 | New York Law Journal

Abortion Protesters, Robocalls and Virtual Currency Fraud

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss cases involving anti-abortion protesters, unsolicited robocalls, and extensive fraud in the sale of virtual currencies.

By Harvey M. Stone and Richard Dolan

9 minute read

August 09, 2018 | New York Law Journal

Lenient Sentencing; Supervised Release; Discovery Issues

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York.

By Harvey M. Stone and Richard H. Dolan

9 minute read

July 12, 2018 | New York Law Journal

Stay Pending Criminal Appeal, Conflict of Interest and Restitution and Forfeiture

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on a decision to decline to stay a civil case, on a decision granting the government's motion to disqualify an attorney in a criminal case for an unwaivable conflict of interest and on a decision involving restitution and forfeiture.

By Harvey M. Stone and Richard H. Dolan

1 minute read

June 07, 2018 | New York Law Journal

Eastern District Roundup

In their monthly Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant, representative decisions handed down recently in the United States District Court for the Eastern District of New York.

By Harvey M. Stone and Richard H. Dolan

1 minute read

May 10, 2018 | New York Law Journal

Housing Discrimination Motion, Tax Refund Claim, Probationary Sentence 

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on a decision declining to dismiss claims of housing discrimination; a decision finding that plaintiff had failed to make a valid formal or informal refund claim within the statute of limitations; and a decision stating the reasons for a probationary sentence with financial restitution.

By Harvey M. Stone and Richard H. Dolan

7 minute read

April 12, 2018 | New York Law Journal

Ineffective Assistance Claim Rejected, DACA Rescission Barred, Virtual Currency Injunction Granted

Eastern District Roundup columnists Harvey M. Stone and Richard H. Dolan discuss decisions declining to grant collateral relief to a petitioner alleging that he would not have pled guilty had counsel accurately explained the risk of deportation; granting a preliminary injunction barring the Secretary of Homeland Security and others from rescinding the DACA Program; and granting the CFTC's application for an injunction against deceptive practices regarding virtual currency “spot” trading.

By Harvey M. Stone and Richard H. Dolan

10 minute read

March 08, 2018 | New York Law Journal

Suppression of Statement, Punitive Damages Under ADA, Restitution in a Criminal Case

Eastern District Roundup columnists Harvey M. Stone and Richard H. Dolan discuss a decision to suppress defendant's statement to law enforcement made before any 'Miranda' warnings; a decision dealing with issues relating to punitive damages under the Americans With Disabilities Act; and a decision declining to resolve claims of proposed intervenors seeking restitution in a criminal case.

By Harvey M. Stone and Richard H. Dolan

8 minute read

January 11, 2018 | New York Law Journal

Conflict of Interest, Lack of Incarceration Alternatives, Denial of Recusal Motion

Eastern District Roundup columnists Harvey M. Stone and Richard H. Dolan report on recent decisions—one involving disqualification of an attorney because of an unwaivable conflict of interests; another discussing the lack of available alternatives to incarceration; and another where a judge rejected claims that his comments in prior related litigation and other factors required recusal.

By Harvey M. Stone and Richard H. Dolan 

9 minute read

December 07, 2017 | New York Law Journal

Ineffective Assistance of Counsel, Labor Law Issues, DACA Rescission Challenges

Eastern District Roundup columnists Harvey M. Stone and Richard H. Dolan discuss representative EDNY rulings handed down recently, including decisions: denying a petition alleging ineffective assistance of trial counsel; explaining factors relevant to when a worker is an employee or an independent contractor, and when overtime pay is required for work done at home; and dealing with challenges to the Trump administration's rescission of the DACA program.

By Harvey M. Stone and Richard H. Dolan

10 minute read

November 16, 2017 | New York Law Journal

'Monell' Claims Allowed, Motion to Dismiss Denied, and Inadequate Smuggling Allegation

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several recent decisions: one allowing 'Monell' claims against the City of New York to proceed; another denying a motion to dismiss “disquieting” claims, brought under the False Claims Act; and another that found that an indictment had not adequately alleged smuggling under 18 U.S.C. §554.

By Harvey M. Stone and Richard H. Dolan

18 minute read