May 10, 2013 | New York Law Journal
Three Decisions Address Actions Involving Government EntitiesIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that Judge Dora L. Irizarry, largely denying the parties' motions for summary judgment, found triable issues of fact that could establish the civil liability of defendant Credit Lyonnais under the Antiterrorism Act of 1992 and three other judges ruled in cases involving government entitites.
By Harvey M. Stone and Richard H. Dolan
16 minute read
February 08, 2013 | New York Law Journal
Anonymous Jury, Detentions After 9/11, §1983 Claims Against School DistrictIn their Eastern District Roundup, Schlam Stone & Dolan partners Harvey M. Stone and Richard H. Dolan review recent decisions that granted the government's motion in a criminal case against three members of the Gambino organized crime family to empanel an anonymous and partially sequestered jury, denied a Jewish student's motion to dismiss claims of discriminatory harassment under section 1983 against the school that did not prevent bullying, and more.
By Harvey M. Stone and Richard H. Dolan
13 minute read
July 13, 2012 | New York Law Journal
Section 1983 Claims Dismissed; Electronic Evidence SuppressedIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam, Stone & Dolan, write that Judge Jack Weinstein dismissed a father's §1983 claims relating to the conduct of the New York City Administration for Children's Services, and Judge Frederic Block rejected the government's defense of sovereign immunity where plaintiff claimed false arrest/false imprisonment in connection with his detention by immigration officials.
By Harvey M. Stone and Richard H. Dolan
15 minute read
April 13, 2012 | New York Law Journal
Panel Takes Firm Stand on Redistricting PlanIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, anaylyze, among other cases, a three-judge Eastern District panel's order that the governor and various legislators implement a congressional redistricting plan that the court felt obligated to draw up in the face of defendants' delay in issuing their own plan, and Judge Joseph F. Bianco's grant of the government's motion to transfer defendant to district court for prosecution as an adult.
By Harvey M. Stone and Richard H. Dolan
13 minute read
December 10, 2010 | New York Law Journal
Attorney Disqualification, Injuries to Seaman, Claims by LLC Co-OwnerIn this month's Eastern District Roundup, Harvey M. Stone and Richard H. Dolan of Schlam Stone & Dolan discuss recent cases, including a bankruptcy trustee's request to recover assets from the debtor's family members and a summary judgment motion in a Jones Act case where the plaintiff claimed injury due to the unseaworthiness of the vessel.
By Harvey M. Stone and Richard H. Dolan
11 minute read
November 09, 2006 | New York Law Journal
Eastern District RoundupHarvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, report on recent Eastern District cases, including one where Judge Frederic Block dealt with a range of issues relating to seniority benefits for minorities hired as custodians by the Board of Education and another in which Judge Spatt denied a motion by defendant, as the prevailing party, to require plaintiff to pay the costs of the trial transcript and several deposition transcripts.
By Harvey M. Stone and Richard H. Dolan
10 minute read
March 12, 2010 | New York Law Journal
Eastern District RoundupHarvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, discuss recent decisions in which Judge Spatt ruled on defendants' motion for summary judgment in a §1983 action challenging the propriety of plaintiff's arrest, Judge Dearie held that the Church Amendment gave no private right of action to a nurse who refused to participate in abortion procedures, and more.
By Harvey M. Stone and Richard H. Dolan
9 minute read
August 12, 2011 | New York Law Journal
Sentencing on 'Illegal Re-Entry,' Restitution, Respondeat SuperiorIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan of Schlam Stone & Dolan review recent decisions involving the consideration in an illegal entry sentencing of convictions that would be stale on the date of discovery but not when defendant entered the country, proof of loss causation in the government's request for restitution, age discrimination, and vicarious liability under respondeat superior for a private entity based on conduct of an employee acting as a certified peace officer.
By Harvey M. Stone and Richard H. Dolan
11 minute read
April 10, 2009 | New York Law Journal
Eastern District RoundupHarvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that Judge Joanna Seybert rejected a defense of claim preclusion flowing from a prior settlement in a similar case, while Judge Arthur D. Spatt denied summary judgment motions by two police officers asserting qualified immunity as a defense to �1983 claims resulting from a fatal shooting, and also analyzes other recent decisions of note.
By Harvey M. Stone and Richard H. Dolan
11 minute read
January 12, 2007 | New York Law Journal
Eastern District RoundupHarvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that Judge Arthur D. Spatt, over plaintiff's objections, recently enforced a settlement agreement and that Magistrate Judge Cheryl L. Pollak preliminarily approved a class action settlement in a case involving the Fair Debt Collection Practices Act.
By Harvey M. Stone and Richard H. Dolan
8 minute read
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