Richard H Dolan

August 11, 2006 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that in deciding whether prior state drug convictions should be counted as "serious" offenses for purposes of federal sentencing enhancements under the Armed Career Criminal Act, Judge David G. Trager looked to recent ameliorative changes in New York law rather than to the harsher laws in effect at the time of defendant's state court convictions.

By Harvey M. Stone and Richard H. Dolan

12 minute read

November 09, 2007 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that Judge Raymond J. Dearie recently found that plaintiffs' state law claims against an air carrier were not preempted by the Montreal Convention, while Judge Nicholas G. Garaufis found the fugitive disentitlement doctrine to apply in a forfeiture case.

By Harvey M. Stone and Richard H. Dolan

11 minute read

December 15, 2005 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that Judge Arthur D. Spatt vacated a plea deal where a defendant was told that deportation was merely a "possible" consequence. Among other cases, they also report that Judge I. Leo Glasser dismissed a Title VI claim against CUNY by an undergraduate who was allegedly barred from her French class and exam.

By Harvey M. Stone and Richard H. Dolan

10 minute read

September 10, 2010 | New York Law Journal

In this month's Eastern District Roundup, Schlam Stone & Dolan partners Harvey M. Stone and Richard H. Dolan report on several significant, representative decisions pertaining to a habeas petition, and sanctions against a New York bank with possible terrorism ties.

By Harvey M. Stone and Richard H. Dolan

8 minute read

November 13, 2009 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, report that Judge Frederic Block granted a motion to suppress based on an overly broad search warrant, while Judge Kiyo A. Matsumoto declined to enforce an oral settlement agreement, and Judge Sandra L. Townes denied a motion for an interlocutory appeal of certain Bankruptcy Court orders.

By Harvey M. Stone And Richard H. Dolan

10 minute read

April 11, 2008 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam, Stone & Dolan, write that Judge Nicholas G. Garaufis held that, under evolving circumstances, a "substantial saving of judicial resources" was not likely to result from his keeping a case, even though he had properly accepted it as a "related" matter, while Judge Jack B. Weinstein terminated a 1974 remedial desegregation order where no vestiges remained of the original constitutional violation.

By Harvey M. Stone and Richard H. Dolan

9 minute read

February 11, 2010 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, review recent decisions of interest in which Judge Block reinstated an award of $179,722.50 in attorney's fees on remand from the Second Circuit, Judge Weinstein discussed the reasons for a sentence more lenient than the guidelines range, Judge Garaufis denied motions to intervene as untimely, and Judge Vitaliano decided a variety of insurance disclaimer issues in the context of summary judgment motions.

By Harvey M. Stone and Richard H. Dolan

14 minute read

July 08, 2011 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan of Schlam Stone & Dolan review recent decisions that struck immaterial matter in the complaint and plaintiffs' jury demand in a discrimination case against Saudi Arabian Airlines, denied a prospective candidate's due process and equal protection claims against the Board of Elections, and more.

By Harvey M. Stone and Richard H. Dolan

10 minute read

February 09, 2007 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that Judge Frederic Block saw no basis for the removal to federal court of a state murder indictment against an FBI agent, while Judge Raymond J. Dearie denied defendant law firm's motion for summary judgment under the Fair Debt Collection Practices Act.

By Harvey M. Stone and Richard H. Dolan

12 minute read

October 10, 2008 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, report that Judge Nicholas G. Garaufis credited defendant's testimony over that of two government agents after a hearing on a motion to suppress evidence. Also, Judge David G. Trager dismissed a variety of claims and counterclaims alleging trademark infringement and related state law violations.

By Harvey M. Stone and Richard H. Dolan

11 minute read