John Moore

John Moore

October 10, 2024 | New York Law Journal

A Motion to Dismiss, a Reduced Sentence Request, and a Motion to Remand

This column reports on several recent significant decisions from the U.S. District Court for the Eastern District of New York.

By Thomas Kissane and John Moore

8 minute read

September 12, 2024 | New York Law Journal

Anti-SLAPP Suit, Copyright Infringement Claim and Dismissal of Evidence Request

This column reports on several recent significant decisions from the U.S. District Court for the Eastern District of New York.

By Samuel Butt and John Moore

9 minute read

June 13, 2024 | New York Law Journal

False Food Labeling, Sentence Reduction, Indictment Dismissal

This column reports on several significant representative decisions from the Eastern District of New York. Judge Frederic Block denied a motion to dismiss a putative class action based on claims of false or misleading food labeling. Judge Joan M. Azrack denied a motion for a reduction in sentence. Judge Eric R. Komitee denied defendant's motion to dismiss the indictment against him.

By Thomas Kissane and John Moore

9 minute read

May 09, 2024 | New York Law Journal

Trafficking Claims, Repatriation Request and Indictment Dismissal Denied

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Ann M. Donnelly denied a motion to dismiss a complaint alleging claims of forced labor and trafficking and, in a second, unrelated matter, denied a mother's petition under the Hague Convention to repatriate her child to England. Chief Judge Margo K. Brodie denied defendants' motion to dismiss the indictment against them or for an in camera review of the grand jury minutes.

By Samuel Butt and John Moore

8 minute read

February 08, 2024 | New York Law Journal

Felon in Possession, New York Gun Ban and Disqualification of Counsel

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Kiyo A. Matsumoto denied defendant's motion to withdraw his guilty plea and dismiss the indictment charging him as a felon in possession. Judge Frederic Block dismissed an action for a declaration holding New York's ban on assault weapons unconstitutional. Magistrate Judge Lee G. Dunst granted a motion to disqualify counsel.

By Thomas Kissane and John Moore

9 minute read

January 11, 2024 | New York Law Journal

Judicial Immunity, Denial of Sanctions and Disqualification of Counsel

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Gary R. Brown dismissed a complaint against United States Bankruptcy Court Chief Judge Alan S. Trust and others based on judicial immunity. Magistrate Judge Vera M. Scanlon denied a motion for sanctions and adverse inferences. Magistrate Judge James M. Wicks granted a motion to disqualify counsel.

By Samuel Butt and John Moore

8 minute read

November 08, 2023 | New York Law Journal

First Amendment Challenge, Section 1983 Claims, Failure To Show Irreparable Injury

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Kovner dismissed a First Amendment challenge to a school district's policy of restricting comment at school board meetings to local residents. Judge Vitaliano granted defendants' motion to dismiss plaintiffs' claims under 42 U.S.C. §1983 concerning the Mitchell-Lama housing program. Judge Brown found that plaintiffs challenging New York state gun control legislation had not made a sufficient showing of irreparable injury to support preliminary injunctive relief.

By Thomas Kissane and John Moore

10 minute read

August 21, 2023 | New York Law Journal

How to Appeal Unappealable Orders

Litigators must be able to identify when an appeal cannot be taken. Effective and creative appellate litigators know how to appeal an adverse ruling anyway.

By John Moore

7 minute read

July 12, 2023 | New York Law Journal

Attempt to Block Unseal Names of Suretors Denied, Jurisdiction Under CAFA and Windfarm Construction

Judge Joanna Seybert rejected Congressman George Santos's attempt to prevent unsealing the names of the suretors of a bond securing his release. Judge LaShann DeArcy Hall declined to exercise jurisdiction under the Class Action Fairness Act. And Judge Frederic Block denied a preliminary injunction motion that sought to halt construction on a windfarm off Montauk.

By Thomas Kissane and John Moore

10 minute read

May 09, 2023 | New York Law Journal

NYLL Claims Dismissed, Judicial Estoppel Denied and Compassionate Release Granted

This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge LaShann DeArcy Hall dismissed the plaintiff's New York Labor Law claims against the Great Neck Park District. Judge Joanna Seybert denied the plaintiff's pretrial motion to preclude the defendant from making arguments assertedly inconsistent with those it had successfully made in five prior litigations. And Judge Allyne R. Ross granted the defendant's motion for compassionate release.

By Thomas Kissane and John Moore

8 minute read