A jury box in a Brooklyn Federal Courtroom on February 4, 2022 The jury is spread out around the room to maintain social distancing. Photo: Ryland West/ALM Vaccinated Jury, Counsel Conflict, Lack of Subject Matter Jurisdiction
In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant decisions, including: a denial of defendants' motions for a new trial based on the court's decision to seat only jurors who had been vaccinated against COVID-19; an affirmance of an order disqualifying a law firm from representing defendants while the firm was also representing a prospective trial witness with different interests; and a dismissal of an action seeking the refund of a federal tax penalty where the court lacked subject matter jurisdiction.
April 14, 2022 at 12:00 PM
10 minute read
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 William F. Kuntz, II, denied defendants' motions for a new trial based on the court's decision to seat only jurors who had been vaccinated against COVID-19. Judge Ann M. Donnelly affirmed an order by Magistrate Judge James M. Wicks disqualifying a law firm from representing defendants Nassau County and individual law enforcement officers while the firm was also representing a prospective trial witness whose interests were different from those of the other clients. And Judge Nicholas G. Garaufis, dismissing an action seeking the refund of a federal tax penalty, found that plaintiff's failure to file with the IRS a proper and timely Claim for Refund and Request for Abatement deprived the court of subject matter jurisdiction.
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