Richard H Dolan

August 10, 2017 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review Judge Weinstein's imposition of a sentence of time served, well under the Guidelines range, in a narcotics case where defendant would be deported on completing his term of incarceration; Chief Judge Irizzary's grant of a §2255 petition where, under recent Supreme Court rulings, petitioner's prior offenses did not support a sentencing enhancement under the Armed Career Criminal Act; and more

By Harvey M. Stone and Richard H. Dolan

17 minute read

July 13, 2017 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review Judge Glasser's holding that an alleged inconsistency between a guilty verdict on count one and the jury's answers to special interrogatories on the verdict sheet did not require a new trial; Judge Weinstein's finding that two legally distinct entities were "joint employees" under the Fair Labor Standards Act, thus requiring employee work hours to be assessed cumulatively in determining overtime pay; and Judge Feuerstein's opinion that the labeling on packages for Kellogg's "Cheez-It Whole Grain" crackers was not misleading.

By Harvey M. Stone and Richard H. Dolan

8 minute read

June 08, 2017 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review Judge Johnson's granting, in part, a new trial motion in a criminal case because there was no substantial evidence of specific intent to violate the statute in question dealing with export controls, Judge Cogan's declining to exercise supplemental jurisdiction over state and city claims for monetary damages in a suit brought under the Americans with Disabilities Act, and Judge Bianco's denying a joint habeas petition claiming ineffective assistance of counsel in the failure to advise petitioners of deportation as a "presumptively mandatory" consequence of their guilty pleas.

By Harvey M. Stone and Richard H. Dolan

8 minute read

May 11, 2017 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review the dismissal of civil rights and related claims by international airline passengers because they were preempted by the Montreal Convention, an order for severance in a two-defendant criminal case to prevent the risk of severe prejudice to one, and a ruling on various claims in an action for damages under the Visual Artists Rights Act of 1990.

By Harvey M. Stone and Richard H. Dolan

17 minute read

April 13, 2017 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review recent decisions finding no due process violation by the government in taking brief control, for investigative purposes, of a website that gave users anonymous access to child pornography; dismissing a copyright claim alleging unlawful copying of the design for a private residence; and affirming two bankruptcy court decisions.

By Harvey M. Stone and Richard H. Dolan

17 minute read

February 09, 2017 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan of Schlam Stone & Dolan discuss several significant, representative decisions handed down recently, including decisions on: the incontestability provision of a life insurance policy; two motions to remand to state Supreme Court; and reasons for a prison sentence.

By Harvey M. Stone and Richard H. Dolan

20 minute read

January 12, 2017 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on Judge Spatt's rejection of a coram nobis petition challenging, in light of post-trial developments, the reliability of a government expert witness in a coin fraud case, also his vacating a default judgment in a bankruptcy proceeding, and Judge Matsumoto's denial of a defendant's request for discovery and a bill of particulars in a criminal case.

By Harvey M. Stone and Richard H. Dolan

16 minute read

December 08, 2016 | New York Law Journal

In their Eastern District of New York column, Harvey M. Stone and Richard H. Dolan report on significant decisions involving peremptory challenges to potential jurors, categories of damages that could be presented to the jury in a legal malpractice case and Truth in Lending Act claims.

By Harvey M. Stone and Richard H. Dolan

17 minute read

November 10, 2016 | New York Law Journal

Eastern District Roundup columnists Harvey M. Stone and Richard H. Dolan report on decisions in the U.S. District Court for the Eastern District of New York involving three separate cases regarding arbitration clauses and one that held that the Organic Food Production Act of 1990 preempted state law claims alleging improper labeling of infant formula. In another case involving a defendant who had served his sentence for receiving child pornography, Judge Jack B. Weinstein vacated as unconstitutional a condition of supervised release that defendant not attend church services with minors present.

By Harvey M. Stone and Richard H. Dolan

16 minute read

September 08, 2016 | New York Law Journal

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review recent significant decisions involving the application of the heightened pleading standards of the Private Securities Litigation Reform Act, the military exception to the waiver of immunity under the Federal Tort Claims Act, and an attempt to admit into evidence Internal Revenue Code provisions and regulations to demonstrate a defendant tax preparer's lack of willfulness.

By Harvey M. Stone and Richard H. Dolan

14 minute read