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Harvey M Stone

Harvey M Stone

June 11, 2015 | New York Law Journal

Judge Cites 'Undue Hardship' in Ordering Conviction Expunged

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan analyze recent decisions in which Judge Gleeson, pointing to extraordinary circumstances, granted petitioner's motion to expunge her conviction; Judge Cogan imposed sanctions on plaintiff's counsel for bad-faith comments at a conference, and denied plaintiff's motion for recusal based on the court's alleged "financial interests" and "bias"; and others.

By Harvey M. Stone and Richard H. Dolan

9 minute read

May 08, 2015 | New York Law Journal

Choice of Forum Provision in Internet Contract Not Enforced

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review recent decisions denying a father's Hague Convention petition for the return of his children to Poland, denying with minor exceptions motions by Arab Bank in the wake of a jury verdict finding it liable for numerous acts of terrorism, and more.

By Harvey M. Stone and Richard H. Dolan

10 minute read

May 07, 2015 | New York Law Journal

Choice of Forum Provision in Internet Contract Not Enforced

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review recent decisions denying a father's Hague Convention petition for the return of his children to Poland, denying with minor exceptions motions by Arab Bank in the wake of a jury verdict finding it liable for numerous acts of terrorism, and more.

By Harvey M. Stone and Richard H. Dolan

10 minute read

April 23, 2015 | New York Law Journal

Judge Takes Significant Deviation From Sentencing Guidelines

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss Judge Weinstein's explanation for granting leniency in sentencing a mother whose young daughter suffered from sickle cell disease and other impairments, Judge Dearie's conclusions on several issues relating to an insurance company's assertion of an "auto exclusion" defense, and more.

By Harvey M. Stone and Richard H. Dolan

9 minute read

April 22, 2015 | New York Law Journal

Judge Takes Significant Deviation From Sentencing Guidelines

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss Judge Weinstein's explanation for granting leniency in sentencing a mother whose young daughter suffered from sickle cell disease and other impairments, Judge Dearie's conclusions on several issues relating to an insurance company's assertion of an "auto exclusion" defense, and more.

By Harvey M. Stone and Richard H. Dolan

9 minute read

March 13, 2015 | New York Law Journal

Motion to Withdraw Plea in Drug Case Using Informant Denied

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on recent decisions that denied a motion to withdraw a guilty plea where counsel's failure to file a government misconduct motion attacking the indictment would have been a reasonable tactic and, in any event, caused no discernible prejudice; prompted Governor Cuomo to expedite a special election; and more.

By Harvey M. Stone and Richard H. Dolan

12 minute read

March 12, 2015 | New York Law Journal

Motion to Withdraw Plea in Drug Case Using Informant Denied

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on recent decisions that denied a motion to withdraw a guilty plea where counsel's failure to file a government misconduct motion attacking the indictment would have been a reasonable tactic and, in any event, caused no discernible prejudice; prompted Governor Cuomo to expedite a special election; and more.

By Harvey M. Stone and Richard H. Dolan

12 minute read

February 13, 2015 | New York Law Journal

Motion to Vacate Default Judgment Over Service of Process Denied

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss cases in which Judge Joanna Seybert relied on the good faith exception to the exclusionary rule in denying a motion to suppress where the search warrant lacked particularity, Judge Jack B. Weinstein discussed the need for legal assistance in cases brought by pro se plaintiffs and the current efforts to fill that need, and more.

By Harvey M. Stone and Richard H. Dolan

11 minute read

February 11, 2015 | New York Law Journal

Motion to Vacate Default Judgment Over Service of Process Denied

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss cases in which Judge Joanna Seybert relied on the good faith exception to the exclusionary rule in denying a motion to suppress where the search warrant lacked particularity, Judge Jack B. Weinstein discussed the need for legal assistance in cases brought by pro se plaintiffs and the current efforts to fill that need, and more.

By Harvey M. Stone and Richard H. Dolan

11 minute read

January 09, 2015 | New York Law Journal

Anonymous Jury, Inmate Actions, Pregnancy Discrimination Claims

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review decisions that granted the government's request to keep a trial jury anonymous and partially sequestered, rejected insurers' motions for reconsideration of an earlier order in the Hurricane Sandy litigation requiring them to turn over engineering reports and related materials, and more.

By Harvey M. Stone and Richard H. Dolan

13 minute read