This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge I. Leo Glasser held 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 Jack B. Weinstein found 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 Sandra J. Feuerstein found that the labeling on packages for Kellogg's “Cheez-It Whole Grain” crackers was not misleading.

'Inconsistent' Verdicts

In United States v. Person, 15 CR 466 (EDNY, June 6, 2017), Judge Glasser denied defendant's motion for a new trial where the general verdict of guilty on count one was allegedly inconsistent with the jury's answer to special interrogatories on the verdict sheet.

Defendant was found guilty of conspiring to distribute and possess with intent to distribute cocaine base and heroin, 21 U.S.C. §§846 and 841(b)(1)(C) (count one); and using and carrying a firearm in connection with a drug offense, 18 U.S.C. §942 (C)(1)(A)(i) (count three). She was acquitted on another count, charging her with maintaining a stash house.

Defendant filed a motion for a new trial in the interest of justice pursuant to Rule 33, Fed. R. Crim. P., based primarily on the verdict sheet relating to the conspiracy charged in count one. On that sheet, the jury recorded its vote on the general verdict as “guilty.” The verdict sheet also contained two special interrogatories, asking: (1) “Did the government prove that the defendant was responsible for a substance containing cocaine base?;” and (2) “Did the government prove that the defendant was responsible for a substance containing heroin?” As to each question, the jury checked off “No.”