Thomas Kissane

November 07, 2024 | New York Law Journal

This column reports on several recent significant decisions from the United States District Court for the Eastern District of New York. Judge Natasha C. Merle dismissed claims based on res judicata. Judge Frederic Block granted a motion for a new trial due to an excessive damage award. And Judge Brian M. Cogan dismissed qui tam claims under the False Claims Act for lack of subject matter jurisdiction.

By Samuel Butt and Thomas Kissane

8 minute read

October 10, 2024 | New York Law Journal

This column reports on several recent significant decisions from the U.S. District Court for the Eastern District of New York.

By Thomas Kissane and John Moore

8 minute read

July 11, 2024 | New York Law Journal

This 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

June 13, 2024 | New York Law Journal

This column reports on several significant representative decisions from the Eastern District of New York. Judge Frederic Block denied a motion to dismiss a putative class action based on claims of false or misleading food labeling. Judge Joan M. Azrack denied a motion for a reduction in sentence. Judge Eric R. Komitee denied defendant's motion to dismiss the indictment against him.

By Thomas Kissane and John Moore

9 minute read

March 07, 2024 | New York Law Journal

This 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

February 08, 2024 | New York Law Journal

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Kiyo A. Matsumoto denied defendant's motion to withdraw his guilty plea and dismiss the indictment charging him as a felon in possession. Judge Frederic Block dismissed an action for a declaration holding New York's ban on assault weapons unconstitutional. Magistrate Judge Lee G. Dunst granted a motion to disqualify counsel.

By Thomas Kissane and John Moore

9 minute read

December 07, 2023 | New York Law Journal

This 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

November 08, 2023 | New York Law Journal

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Kovner dismissed a First Amendment challenge to a school district's policy of restricting comment at school board meetings to local residents. Judge Vitaliano granted defendants' motion to dismiss plaintiffs' claims under 42 U.S.C. §1983 concerning the Mitchell-Lama housing program. Judge Brown found that plaintiffs challenging New York state gun control legislation had not made a sufficient showing of irreparable injury to support preliminary injunctive relief.

By Thomas Kissane and John Moore

10 minute read

October 12, 2023 | New York Law Journal

This 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

July 12, 2023 | New York Law Journal

Judge Joanna Seybert rejected Congressman George Santos's attempt to prevent unsealing the names of the suretors of a bond securing his release. Judge LaShann DeArcy Hall declined to exercise jurisdiction under the Class Action Fairness Act. And Judge Frederic Block denied a preliminary injunction motion that sought to halt construction on a windfarm off Montauk.

By Thomas Kissane and John Moore

10 minute read