July 11, 2024 | New York Law Journal
Motion to Reconsider, Attorney Fees Reduced, Religious DiscriminationThis column reports on several recent significant decisions from the United States District Court for the Eastern District of New York. Judge Margo K. Brodie denied defendant's motion for reconsideration in a case involving alleged sexual abuse by a priest. Magistrate Judge Lee G. Dunst granted, but substantially reduced, attorney's fees to plaintiffs' counsel. And Judge Joan M. Azrack granted defendants' motion to dismiss plaintiff's state law discrimination claim under the election of remedies doctrine but allowed plaintiff's federal law discrimination claim to proceed in part.
By Thomas Kissane and Samuel Butt
8 minute read
May 09, 2024 | New York Law Journal
Trafficking Claims, Repatriation Request and Indictment Dismissal DeniedThis column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Ann M. Donnelly denied a motion to dismiss a complaint alleging claims of forced labor and trafficking and, in a second, unrelated matter, denied a mother's petition under the Hague Convention to repatriate her child to England. Chief Judge Margo K. Brodie denied defendants' motion to dismiss the indictment against them or for an in camera review of the grand jury minutes.
By Samuel Butt and John Moore
8 minute read
March 07, 2024 | New York Law Journal
Court Rules on Rap Videos, Child's Victims Act and Prisoner's ClaimsThis column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge DeArcy Hall denied the government's motion to introduce rap videos featuring the defendant at trial. Judge Block held that plaintiff's New York City Human Rights Law claim was revived by the Child Victim's Act. Judge Matsumoto dismissed a prisoner's claims and limited future in forma pauperis filings.
By Samuel Butt and Thomas Kissane
8 minute read
January 11, 2024 | New York Law Journal
Judicial Immunity, Denial of Sanctions and Disqualification of CounselThis column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Gary R. Brown dismissed a complaint against United States Bankruptcy Court Chief Judge Alan S. Trust and others based on judicial immunity. Magistrate Judge Vera M. Scanlon denied a motion for sanctions and adverse inferences. Magistrate Judge James M. Wicks granted a motion to disqualify counsel.
By Samuel Butt and John Moore
8 minute read
December 07, 2023 | New York Law Journal
Preliminary Injunction Denied, Collateral Challenge Rights Waived and Denial of Frozen FundsThis column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Eric R. Komitee denied a preliminary injunction to a defamation plaintiff, Judge Gary R. Brown denied a prisoner's pro se petition to have his sentence vacated under 28 U.S.C. §2255 and Judge Frederic Block denied a motion by defendants to access frozen funds in an action brought by the SEC.
By Samuel Butt and Thomas Kissane
9 minute read
October 12, 2023 | New York Law Journal
Lack of Jurisdiction, Inmate's Trust Account and Claims Stemming From Capitol AttackThis column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Eric R. Komitee dismissed a complaint to compel arbitration for lack of jurisdiction. Judge Nicholas G. Garaufis granted the government's motion to garnish funds from an inmate trust account. Judge Frederic Block granted in part and denied in part defendants' motion to dismiss claims under §1983 and the New York Labor Law.
By Samuel Butt and Thomas Kissane
10 minute read
August 10, 2023 | New York Law Journal
Motion to Suppress Denial, No Private Right of Action and Release on Bail Pending AppealThis column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Eric N. Vitaliano denied a defendant's motion to suppress electronically stored information obtained by the government from Google. Judge Eric R. Komitee dismissed pro se claims alleging federal criminal violations committed during a state court landlord-tenant proceeding. And Judge Vitaliano denied release on bail pending appeal.
By Samuel Butt and Michael Brodlieb
9 minute read
June 08, 2023 | New York Law Journal
Motion to Compel Arbitration, Motion in Limine Under Rule 404(b) and Writ of Habeas CorpusThis column reports on several significant decisions from the U.S. District Court for the Eastern District of New York. Judge Hector Gonzalez denied a motion to compel arbitration. Judge Joanna Seybert granted in part and denied in part a criminal defendant's motion in limine under Rule 404(b) to exclude evidence. And Judge Raymond J. Dearie denied an application for a writ of habeas corpus.
By Samuel Butt and Michael Brodlieb
9 minute read
April 13, 2023 | New York Law Journal
Pistol Licensing, Product Liability and the FLSAThis column reports on several significant representative decisions handed down recently in the U.S District Court for the Eastern District of New York. Judge Gary R. Brown denied plaintiffs' motion for a preliminary injunction regarding New York State's gun licensing and use laws. Judge Frederic Block denied a motion to dismiss product liability claims concerning TRESemmé products, and Magistrate Judge James M. Wicks rejected a settlement under the FLSA as overbroad with insufficient support to determine reasonableness.
By Samuel Butt and Michael Brodlieb
9 minute read
February 09, 2023 | New York Law Journal
Lack of Jurisdiction, Rulings Concerning 'Crime of Violence'In this edition of their Eastern District Roundup, Samuel Butt and Michael Brodlieb report on several significant representative decisions, including: granting a motion to dismiss for lack of subject matter jurisdiction because claims were not brought under the Administrative Procedures Act; finding jurisdiction lacking over a pro se complaint seeking review of an order under the Perishable Agricultural Commodities Act; and rulings concerning whether crimes fell within the "crime of violence" definition under 18 U.S.C. §924(c).
By Samuel Butt and Michael Brodlieb
9 minute read
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