December 12, 2014 | New York Law Journal
Relief in Hurricane Sandy Cases Over Insurer's ActionsIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review decisions that vacated a petitioner's guilty plea in light of the government's misleading pre-plea disclosures, invited plaintiffs to apply for sanctions as compensation for a defendant insurer's deceptive engineering report on Hurricane Sandy damage to plaintiffs' house, and more.
By Harvey M. Stone and Richard H. Dolan
13 minute read
October 10, 2014 | New York Law Journal
Challenge to Sex Offender Registration DismissedIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on recent decisions which involved employer status and aiding and abetting in a discrimination case, sex offender registration and residency requirements, and more.
By Harvey M. Stone and Richard H. Dolan
10 minute read
September 12, 2014 | New York Law Journal
Sentence Reduced to Remedy InjusticeIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review recent holdings in which Judge John Gleeson applauded the government for agreeing to a sentence reduction in an old case where the court had been statutorily constrained to impose an overly harsh prison term, Judge Arthur D. Spatt held that, despite a related pending state-court proceeding, abstention did not apply in light of recent U.S. Supreme Court authority, and more.
By Harvey M. Stone and Richard H. Dolan
10 minute read
August 08, 2014 | New York Law Journal
Two Cases Revisit Criminal ConvictionsIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review recent cases involving the Real Estate Settlement Procedures Act, allegations of pregnancy discrimination, a successful attempt to vacate a conviction in the interests of justice and an unsuccessful attempt to win expungement of a conviction, denied for lack of jurisdiction.
By Harvey M. Stone and Richard H. Dolan
10 minute read
July 11, 2014 | New York Law Journal
Summary Judgment in Hostile Work Environment CaseIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss recent decisions involving parents' religious beliefs and mandatory vaccinations for their school-aged children, a summary judgment motion based on a prisoner's non-exhaustion of administrative remedies for his section 1983 claims, a motion to seal
By Harvey M. Stone and Richard H. Dolan
9 minute read
June 13, 2014 | New York Law Journal
Interaction of Federal and State Forfeiture ActionsIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several recent Eastern District decisions that tackle: probable cause to keep body armor as evidence of a crime; an in rem civil forfeiture action; newly discovered deposition testimony in a state case; and an untimely motion to withdraw a bankruptcy reference.
By Harvey M. Stone and Richard H. Dolan
12 minute read
May 09, 2014 | New York Law Journal
Warrant; Privilege; Bankruptcy Case and Ponzi SchemeIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review recent decisions that suppressed evidence seized pursuant to an insufficiently particular search warrant, upheld an order finding waiver of attorney-client privilege and work-product protection by a party that failed to submit a timely privilege log as required by the local rules, and more.
By Harvey M. Stone and Richard H. Dolan
12 minute read
March 14, 2014 | New York Law Journal
Court Orders Interlocutory Sale of Forfeitable PropertyIn their Eastern District Roundup, Schlam Stone & Dolan Harvey M. Stone and Richard H. Dolan report on recent decisions, including the rejection of one of the bankruptcy court's grounds for disqualifying debtors' counsel and remand to determine whether the remaining ground warranted disqualification, a opinion offering pretrial guidance as to potential damages in an employment discrimination action, and more.
By Harvey M. Stone and Richard H. Dolan
12 minute read
February 14, 2014 | New York Law Journal
Border Search of Devices; Restitution and ForfeitureIn their Eastern District Roundup, Schlam Stone & Dolan partners Harvey M. Stone and Richard H. Dolan review recent decisions that imposed restitution and forfeiture as concurrent penalties in a criminal case, dealt with issues of collateral estoppel in a RICO case in light of a prior acquittal on related charges, and dismissed claims against an "assisted living facility" that allegedly misrepresented the date of its licensing.
By Harvey M. Stone and Richard H. Dolan
13 minute read
January 10, 2014 | New York Law Journal
Age Discrimination Claim Dismissed; Section 1983 Action Moves ForwardIn their Eastern District Roundup column, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, report on significant decisions handed down recently in the Eastern District covering issues including contraceptive regulations and age discrimination.
By Harvey M. Stone and Richard H. Dolan
10 minute read