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 Jack B. Weinstein found the text of a guilty plea agreement to be deficient because of an overly broad waiver of the right to a subsequent collateral attack. Judge Joan M. Azrark denied defendant’s motion to dismiss a trademark action despite a clause in the contract between the parties designating Italy as the forum for any dispute “arising out of” the agreement. And Judge Raymond J. Dearie dealt with discrimination, hostile work environment and retaliation claims on defendant’s motion for summary judgment.

Plea Agreements: Waiver of Rights

In United States v. Chua, 17 CR 00016 (E.D.N.Y., Nov. 20, 2018), Judge Weinstein held that, in a guilty plea agreement, the government may not compel defendant to waive all constitutional rights to collaterally attack a conviction or sentence. Rather, the waiver must specifically list exceptions required by law so that a defendant knows what rights are waived and what rights cannot be waived.

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