August 10, 2023 | New York Law Journal
Motion to Suppress Denial, No Private Right of Action and Release on Bail Pending AppealThis column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Eric N. Vitaliano denied a defendant's motion to suppress electronically stored information obtained by the government from Google. Judge Eric R. Komitee dismissed pro se claims alleging federal criminal violations committed during a state court landlord-tenant proceeding. And Judge Vitaliano denied release on bail pending appeal.
By Samuel Butt and Michael Brodlieb
9 minute read
June 08, 2023 | New York Law Journal
Motion to Compel Arbitration, Motion in Limine Under Rule 404(b) and Writ of Habeas CorpusThis column reports on several significant decisions from the U.S. District Court for the Eastern District of New York. Judge Hector Gonzalez denied a motion to compel arbitration. Judge Joanna Seybert granted in part and denied in part a criminal defendant's motion in limine under Rule 404(b) to exclude evidence. And Judge Raymond J. Dearie denied an application for a writ of habeas corpus.
By Samuel Butt and Michael Brodlieb
9 minute read
April 13, 2023 | New York Law Journal
Pistol Licensing, Product Liability and the FLSAThis column reports on several significant representative decisions handed down recently in the U.S District Court for the Eastern District of New York. Judge Gary R. Brown denied plaintiffs' motion for a preliminary injunction regarding New York State's gun licensing and use laws. Judge Frederic Block denied a motion to dismiss product liability claims concerning TRESemmé products, and Magistrate Judge James M. Wicks rejected a settlement under the FLSA as overbroad with insufficient support to determine reasonableness.
By Samuel Butt and Michael Brodlieb
9 minute read
February 09, 2023 | New York Law Journal
Lack of Jurisdiction, Rulings Concerning 'Crime of Violence'In this edition of their Eastern District Roundup, Samuel Butt and Michael Brodlieb report on several significant representative decisions, including: granting a motion to dismiss for lack of subject matter jurisdiction because claims were not brought under the Administrative Procedures Act; finding jurisdiction lacking over a pro se complaint seeking review of an order under the Perishable Agricultural Commodities Act; and rulings concerning whether crimes fell within the "crime of violence" definition under 18 U.S.C. §924(c).
By Samuel Butt and Michael Brodlieb
9 minute read
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