Harvey M Stone

September 08, 2016 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review recent significant decisions involving the application of the heightened pleading standards of the Private Securities Litigation Reform Act, the military exception to the waiver of immunity under the Federal Tort Claims Act, and an attempt to admit into evidence Internal Revenue Code provisions and regulations to demonstrate a defendant tax preparer's lack of willfulness.

By Harvey M. Stone and Richard H. Dolan

14 minute read

August 11, 2016 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on recent decisions, including one that imposed an exceptionally lenient sentence on a defendant who had suffered losses from the chaos in Syria, another that explained the requirements of a complaint in admiralty that would allow defendant to implead a third party, and a third that addressed the circumstances in which claims of fiduciary breach may be asserted by a mortgagor against a mortgage servicer.

By Harvey M. Stone and Richard H. Dolan

17 minute read

July 08, 2016 | New York Law Journal

Harvey M. Stone and Richard H. Dolan review a decision that a plaintiff's reassignment from his position as an armed ATF Special Agent to another job within the agency did not amount to discrimination, another that held the company designated by plaintiffs' counsel as the proper plaintiff at the close of all evidence was not the real party in interest, and a third rejecting petitioner's challenge to his state murder conviction based on the use of digital imaging to show his palm print on duct tape that had been recovered from his wife's body.

By Harvey M. Stone and Richard H. Dolan

21 minute read

June 10, 2016 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on recent decisions involving sentencing in light of the extensive collateral consequences of defendant's conviction, sanctions for attorneys' pattern of conduct including neglect of trial-related scheduling orders, and eligibility for a "safety-valve" exception to a ten-year mandatory minimum sentence after a previous driving while impaired conviction.

By Harvey M. Stone and Richard H. Dolan

12 minute read

April 08, 2016 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on recent decisions reinstating an order allowing the foreclosure sale of defendant's home, finding a petitioner failed to meet the stringent standard required to expunge his criminal record relating to a 1991 arrest followed by dismissal of the charges, and denying intervention as of right to certain non-parties but granting limited permissive intervention in a case involving the East Hampton Airport.

By Harvey M. Stone and Richard H. Dolan

18 minute read

March 11, 2016 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review cases involving whether a defendant was in "custody" during his interrogation at JFK Airport, whether children must be allowed to attend a Jewish school while their mother's lawsuit challenging New York's vaccination requirements is pending and damages owed a U.S. citizen illegally detained as an alien.

By Harvey M. Stone and Richard H. Dolan

11 minute read

February 11, 2016 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review Judge Korman's reduction of the sentence of a man serving the second of two prison terms, despite the government's opposition; Judge Weinstein's explanation for imposing seven years of strict supervised release, rather than a jail term, for possessing child pornography; and more.

By Harvey M. Stone and Richard H. Dolan

11 minute read

January 15, 2016 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss recent cases involving a firearm seized during a pat-down search on the street, long-arm jurisdiction over a Chinese company that manufactured a bicycle handlebar and the first-to-file rule, along with a case where Judge Dearie warned the government of possible sanctions in future cases if its grand jury subpoenas improperly directed recipients not to disclose the existence of the subpoenas.

By Harvey M. Stone and Richard H. Dolan

11 minute read

January 14, 2016 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss recent cases involving a firearm seized during a pat-down search on the street, long-arm jurisdiction over a Chinese company that manufactured a bicycle handlebar and the first-to-file rule, along with a case where Judge Dearie warned the government of possible sanctions in future cases if its grand jury subpoenas improperly directed recipients not to disclose the existence of the subpoenas.

By Harvey M. Stone and Richard H. Dolan

11 minute read

December 11, 2015 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review Judge Jack Weinstein's declining to dismiss the main claims of a U.S. citizen unjustly detained as an alien for over two years, Judge Dora Irizarry's allowing the government to admit at a criminal trial certain Rule 404(b) evidence relating to defendant's recent prior conviction, and more.

By Harvey M. Stone and Richard H. Dolan

11 minute read