August 09, 2018 | New York Law Journal
Lenient Sentencing; Supervised Release; Discovery IssuesIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York.
By Harvey M. Stone and Richard H. Dolan
9 minute read
July 12, 2018 | New York Law Journal
Stay Pending Criminal Appeal, Conflict of Interest and Restitution and ForfeitureIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on a decision to decline to stay a civil case, on a decision granting the government's motion to disqualify an attorney in a criminal case for an unwaivable conflict of interest and on a decision involving restitution and forfeiture.
By Harvey M. Stone and Richard H. Dolan
1 minute read
June 07, 2018 | New York Law Journal
Eastern District RoundupIn their monthly Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant, representative decisions handed down recently in the United States District Court for the Eastern District of New York.
By Harvey M. Stone and Richard H. Dolan
1 minute read
May 10, 2018 | New York Law Journal
Housing Discrimination Motion, Tax Refund Claim, Probationary SentenceIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on a decision declining to dismiss claims of housing discrimination; a decision finding that plaintiff had failed to make a valid formal or informal refund claim within the statute of limitations; and a decision stating the reasons for a probationary sentence with financial restitution.
By Harvey M. Stone and Richard H. Dolan
7 minute read
April 12, 2018 | New York Law Journal
Ineffective Assistance Claim Rejected, DACA Rescission Barred, Virtual Currency Injunction GrantedEastern District Roundup columnists Harvey M. Stone and Richard H. Dolan discuss decisions declining to grant collateral relief to a petitioner alleging that he would not have pled guilty had counsel accurately explained the risk of deportation; granting a preliminary injunction barring the Secretary of Homeland Security and others from rescinding the DACA Program; and granting the CFTC's application for an injunction against deceptive practices regarding virtual currency “spot” trading.
By Harvey M. Stone and Richard H. Dolan
10 minute read
March 08, 2018 | New York Law Journal
Suppression of Statement, Punitive Damages Under ADA, Restitution in a Criminal CaseEastern District Roundup columnists Harvey M. Stone and Richard H. Dolan discuss a decision to suppress defendant's statement to law enforcement made before any 'Miranda' warnings; a decision dealing with issues relating to punitive damages under the Americans With Disabilities Act; and a decision declining to resolve claims of proposed intervenors seeking restitution in a criminal case.
By Harvey M. Stone and Richard H. Dolan
8 minute read
January 11, 2018 | New York Law Journal
Conflict of Interest, Lack of Incarceration Alternatives, Denial of Recusal MotionEastern District Roundup columnists Harvey M. Stone and Richard H. Dolan report on recent decisions—one involving disqualification of an attorney because of an unwaivable conflict of interests; another discussing the lack of available alternatives to incarceration; and another where a judge rejected claims that his comments in prior related litigation and other factors required recusal.
By Harvey M. Stone and Richard H. Dolan
9 minute read
December 07, 2017 | New York Law Journal
Ineffective Assistance of Counsel, Labor Law Issues, DACA Rescission ChallengesEastern District Roundup columnists Harvey M. Stone and Richard H. Dolan discuss representative EDNY rulings handed down recently, including decisions: denying a petition alleging ineffective assistance of trial counsel; explaining factors relevant to when a worker is an employee or an independent contractor, and when overtime pay is required for work done at home; and dealing with challenges to the Trump administration's rescission of the DACA program.
By Harvey M. Stone and Richard H. Dolan
10 minute read
November 16, 2017 | New York Law Journal
'Monell' Claims Allowed, Motion to Dismiss Denied, and Inadequate Smuggling AllegationIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several recent decisions: one allowing 'Monell' claims against the City of New York to proceed; another denying a motion to dismiss “disquieting” claims, brought under the False Claims Act; and another that found that an indictment had not adequately alleged smuggling under 18 U.S.C. §554.
By Harvey M. Stone and Richard H. Dolan
18 minute read
October 12, 2017 | New York Law Journal
Website Accessibility, 'Fatico' Hearing and Lack of Personal JurisdictionIn their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several recent decisions: one involving a claim against a business for maintaining a website inaccessible to the blind, a second that made 'Fatico' findings against defendant in connection with purchasing material with military or nuclear uses for shipment to Iran, and a third denying defendants' motion to dismiss.
By Harvey M. Stone and Richard H. Dolan
9 minute read
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