October 10, 2024 | New York Law Journal
A Motion to Dismiss, a Reduced Sentence Request, and a Motion to RemandThis 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 RequestThis 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 DismissalThis 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 DeniedThis 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 CounselThis 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 CounselThis 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 InjuryThis 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 OrdersLitigators 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 ConstructionJudge 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 GrantedThis 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
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