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Richard H Dolan

Richard H Dolan

September 09, 2005 | New York Law Journal

Eastern District Roundup

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, report on several significant decisions handed down recently in the Eastern District, including a ruling furthering the rather intricate evolution of law relating to police interrogation of suspects in successive warned and unwarned phases.

By Harvey M. Stone and Richard H. Dolan

8 minute read

August 14, 2009 | New York Law Journal

Eastern District Roundup

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, review recent decisions of interest, including an acquittal on money laundering charges, a finding of a Title VII violation in the hiring procedures of the New York City Fire Department, a rejection of a defendant's constitutional challenge to a sentence imposing a fine greater than the collateral forfeiture amount in lieu of an appearance, an ordering of disgorgement from Relief Defendants who, though not directly accused of wrongdoing, had received ill-gotten funds from defendants without consideration, and more.

By Harvey M. Stone and Richard H. Dolan

14 minute read

July 13, 2007 | New York Law Journal

Eastern District Roundup

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, review recent Eastern District decisions that invalidated an enhanced sentence imposed under New York's discretionary persistent felony offender statute, upheld a parolee's �1983 complaint alleging retaliation by his parole officer and found that, in light of their prior criminal convictions, defendants in a civil case were collaterally estopped from pursuing their third-party claims.

By Harvey M. Stone and Richard H. Dolan

9 minute read

May 08, 2009 | New York Law Journal

Eastern District Roundup

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, review recent decisions in which Judge Jack B. Weinstein rejected the government's application to impose certain restrictive conditions on defendant during service of his sentence; Judge Joseph F. Bianco dismissed an indictment under the Speedy Trial Act, but without prejudice to reindictment; Judge Nicholas G. Garaufis denied British Airways' motion to dismiss a putative class action against it for reckless baggage handling; and Judge Dora L. Irizarry dealt with claims of quantum meruit and unfair competition in denying defendant's summary judgment motion in a suit by a poultry distributor against a poultry dealer.

By Harvey M. Stone and Richard H. Dolan

9 minute read

January 09, 2009 | New York Law Journal

Eastern District Roundup

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, discuss recent decisions involving evidence of uncharged acts, ineffective assistance of counsel, claims alleging torture, the "ministerial exception" and the use of FBI reports to attack the credibility of hearsay declarants heard on a tape.

By Harvey M. Stone and Richard H. Dolan

9 minute read

May 14, 2010 | New York Law Journal

New Trial Granted in �1983 Action, Bankruptcy Court Stay of State Case

In their Eastern District Roundup column, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, look at recent cases, including that of a woman denied a change in immigration status because she had failed to sign the check submitted to cover A filing fee.

By Harvey M. Stone and Richard H. Dolan

12 minute read

November 14, 2008 | New York Law Journal

Eastern District Roundup

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, review recent decisions of interest, including a holding that ERISA preemption did not apply to plaintiff's claim for breach of contract, a denial of a stay of discovery in a civil suit by the SEC against the same defendants charged in a pending criminal case, a rejection of bail pending appeal for a defendant convicted of a violent crime, and a ruling that evidence of post-mortem dismemberment would be inadmissible during the sentencing phase of a death-penalty case.

By Harvey M. Stone and Richard H. Dolan

9 minute read

July 10, 2009 | New York Law Journal

Eastern District Roundup

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, review recent significant decisions, including a ruling that rejected a constitutional challenge to New York's statutory restrictions on who may conduct boiler inspections, another in which the judge analyzed particularity and overbreadth issues in denying a motion to suppress evidence seized pursuant to a search warrant, an opinion that discussed restitution in criminal cases and specifically focused on how to deal with restitution for a "victim" who had profited from the charged crimes and his own cooperation, and more.

By Harvey M. Stone and Richard H. Dolan

13 minute read

December 11, 2009 | New York Law Journal

Eastern District Roundup

Harvey M. Stone and Richard H. Dolan, partners at Schlam, Stone & Dolan, write: Judge Joanna Seybert vacated a state conviction on grounds of ineffective assistance of counsel and the admission of irrelevant, prejudicial evidence. Judge Nina Gershon granted a motion by defendant, a college president, for entry of judgment against herself in the amount of nine dollars without a concession of liability regarding plaintiffs' First Amendment claims. Judge Jack B. Weinstein declined to certify a class of persons who had bought defendants' prepaid calling cards, and Judge Arthur D. Spatt made various rulings in denying a motion to dismiss.

By Harvey M. Stone and Richard H. Dolan

13 minute read

March 10, 2006 | New York Law Journal

Eastern District Roundup

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, analyze recent rulings, including Judge David G. Trager's dismissal of claims by a Canadian-Syrian citizen based on his rendition to Syria and alleged torture there.

By Harvey M. Stone and Richard H. Dolan

10 minute read