Richard H Dolan

August 13, 2010 | New York Law Journal

In the Eastern District Roundup, Schlam Stone & Dolan partners Harvey M. Stone and Richard H. Dolan report on significant decisions, including the granting of interim relief pending the adjudication of an unfair labor practices complaint, a rejection of the government's jurisdictional defenses under the Federal Tort Claims Act, and more.

By Harvey M. Stone and Richard H. Dolan

12 minute read

November 15, 2010 | New York Law Journal

In their Eastern District Roundup, Schlam Stone & Dolan partners Harvey M. Stone and Richard H. Dolan review recent decisions, including one where Judge Gleeson discussed why the U.S. Sentencing Guidelines for fraud cases cannot capture all the nuances relevant to a just result, and another that granted a preliminary injunction against the commissioners of the New York State Board of Elections.

By Harvey M. Stone and Richard H. Dolan

13 minute read

February 08, 2008 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that Judge Denis R. Hurley recently allowed a party to file a very late notice of appeal under Fed.R.App.P. 4(a)(6), where counsel had not received e-mail notice from the clerk's office of the relevant order and judgment, while Judge Frederic Block invalidated a HUD regulation and Judge Nicholas G. Garaufis denied a habeas petition arguing that restrictive conditions of confinement excessively interfered with access to counsel.

By Harvey M. Stone and Richard H. Dolan

13 minute read

March 09, 2007 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that Judge Raymond J. Dearie found that a plaintiff in a Bivens action against Bureau of Prisons officials had shown seemingly valid reasons for delays in pressing his administrative remedies, while Judge Arthur D. Spatt held that New York's criminal ban on chuka sticks did not violate a martial arts expert's First Amendment rights.

By Harvey M. Stone and Richard H. Dolan

11 minute read

April 13, 2007 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that recently: Judge Raymond J. Dearie ordered a change of venue in a labor case; Judge Arthur D. Spatt a suit against the New York Division of Tax Appeals was barred; and, Judge Frederic Block identified various issues for trial, including coverage under an accident insurance policy following a fatal brain injury.

By Harvey M. Stone and Richard H. Dolan

11 minute read

October 09, 2009 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, report that Judge Nicholas G. Garaufis found that certain uncharged "similar act" evidence offered by the prosecution was not admissible, while Judge Frederic Block denied a petition under the Hague Convention seeking the return of a young child to Ecuador. Also, Judge Edward R. Korman denied intervention by anti-abortion groups in an action involving increased access to an emergency oral contraceptive, and more.

By Harvey M. Stone and Richard H. Dolan

11 minute read

January 15, 2010 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, review recent decisions, including Judge Gershon's enjoining enforcement of a recent congressional resolution prohibiting continued funding of ACORN, Judge Weinstein's denial of a suppression motion while raising questions about the practice of not giving Miranda warnings in a secondary inspection area during a border crossing inquiry, Judge Spatt's reducing a sentence in light of a later amendment to the sentencing guidelines applicable to crack cocaine offenses and Judge Vitaliano's dismissal of a religious organization's challenge to the taking of its property for a parking garage.

By Harvey M. Stone and Richard H. Dolan

10 minute read

February 20, 2009 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that Judge Jack B. Weinstein recently dismissed three of the racketeering acts in an alleged RICO conspiracy; Judge Arthur D. Spatt dismissed various claims by a GMC dealership against General Motors arising from the failure to help plaintiff acquire a Buick and/or Pontiac dealership; Judge Frederic Block reduced a jury's punitive damages award after a verdict finding retaliation for a sex discrimination claim; and Judge Eric N. Vitaliano dealt with claims for a prejudgment attachment and a preliminary injunction in a civil RICO case.

By Harvey M. Stone and Richard H. Dolan

12 minute read

June 13, 2008 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that, among other cases, Judge John Gleeson recently granted a habeas petition based on ineffectiveness of appellate counsel, while Judge Arthur D. Spatt held that plaintiff was not bound by an oral agreement with the government in settlement of his personal injury claims.

By Harvey M. Stone and Richard H. Dolan

11 minute read

September 14, 2007 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that in recent developments: Judge Eric N. Vitaliano dismissed criminal charges alleging extortionate debt collection as based on conduct not covered by the statute; Judge Nicholas G. Garaufis dismissed two criminal contempt counts in an indictment against an attorney; and, Judge Frederic Block held that a Macy's employee had not "silently" acquiesced in an agreement to arbitrate her harassment and retaliation claims.

By Harvey M. Stone and Richard H. Dolan

10 minute read