Richard H Dolan

April 14, 2006 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, report that Judge Frederic Block interpreted complex and somewhat-elusive areas of state law relating to depraved-indifference murder before denying a habeas petition while granting a certificate of appealability. Also, Magistrate Judge Viktor V. Pohorelsky granted discovery beyond the administrative record in favor of plaintiffs challenging FDA refusal to give over-the-counter approval for the morning-after pill.

By Harvey M. Stone and Richard H. Dolan

9 minute read

July 11, 2008 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam, Stone & Dolan, write that Judge Edward R. Korman recently declined to grant a habeas corpus petition challenging the preclusion of expert testimony about false confessions, while Judge Brian M. Cogan saw no reason to grant plaintiff jurisdictional discovery to save its complaint from dismissal. Also, Judge Eric N. Vitaliano dealt with arguments by insurance companies disclaiming aspects of liability in the wake of a gold theft.

By Harvey M. Stone and Richard H. Dolan

12 minute read

May 12, 2006 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, report that Judge Nicholas G. Garaufis declined to grant collateral relief to a petitioner complaining that his guilty plea was invalid in light of his lawyer's conflicting interests. Also, Judge Frederic Block held that, under all the circumstances, the proper remedy for the government's untimely death penalty notice was to adjourn the trial date.

By Harvey M. Stone and Richard H. Dolan

11 minute read

June 12, 2009 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, report that Judge John Gleeson denied a motion to dismiss a �1983 action alleging a false arrest, while Judge Eric N. Vitaliano held that the court lacked subject matter jurisdiction to compel the granting of an immigrant visa. Also, Judge Vitaliano has dismissed a complaint seeking relief from an immigration court's final order of removal, and Judge Arthur D. Spatt denied a defendant's motion to enjoin the issuance of mug shots, "perp walk" photos and press releases, and to hold a hearing on violation of grand jury secrecy.

By Harvey M. Stone and Richard H. Dolan

11 minute read

September 08, 2006 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that Judge Dora L. Irizarry, relying on plaintiffs' right to intimate association, granted a preliminary injunction requiring defendant university to recognize an all-male fraternity despite the exclusion of females and that Judge Nicolas G. Garaufis disqualified a law firm from representing a defendant in a death-penalty case where counsel had once represented a key witness regarding the same charged arson and murder.

By Harvey M. Stone and Richard H. Dolan

10 minute read

November 10, 2005 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, report on several significant decisions handed down recently in the U.S. District Court for the Eastern District of New York, including one that held the court had jurisdiction over an Egyptian insurance company under the Federal Sovereign Immunities Act, and another that held the court did not have jurisdiction, as the loan agreement in question contained a forum selection clause conferring jurisdiction in the Philippines.

By Harvey M. Stone and Richard H. Dolan

8 minute read

June 08, 2007 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that Judge Allyne R. Ross recently decided novel issues regarding the Trafficking Victims Protection Act, while Judge Arthur D. Spatt denied a motion for a mandatory preliminary injunction requiring a school district to allow a deaf student to bring his service dog to school.

By Harvey M. Stone and Richard H. Dolan

13 minute read

April 08, 2011 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, discuss recent rulings, including a plaintiffs' claim of municipal liability pursuant to 42 U.S.C. §1983 in connection with fatal police-inflicted injuries to a Latino male; a rejection of claims by defendants in a civil suit following their federal conviction for holding workers in servitude; and the upholding of a RICO complaint against a Rule 9(b) challenge.

By Harvey M. Stone and Richard H. Dolan

12 minute read

September 09, 2011 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, report that Judge Kiyo A. Matsumoto ordered the government to turn over to defendant a 1992 homicide file prepared by the New York City Police Department, that Judge Jack B. Weinstein dismissed claims against New York City and other defendants related to alleged peer classroom bullying at a public school, and review other decisions.

By Harvey M. Stone and Richard H. Dolan

10 minute read

April 09, 2010 | New York Law Journal

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that Judge Nina Gershon permanently enjoined the defunding of ACORN as a Bill of Attainder, while Judge Jack B. Weinstein held that the Adam Walsh Act's requirement of electronic monitoring was unconstitutional as applied to a particular defendant now awaiting trial on charges of receipt and possession of child pornography.

By Harvey M. Stone and Richard H. Dolan

10 minute read