This column reports on several recent and significant representative decisions by the U.S. District Court for the Eastern District of New York. Judge Raymond J. Dearie ruled on pre-trial motions in a criminal case, including motions for a severance based on allegedly irreconcilable defense strategies. Judge Dearie also found that plaintiff failed to state a claim against the Roman Catholic Diocese of Brooklyn in connection with alleged sexual abuse in 1967. And Judge Ann M. Donnelly denied a motion by a doctor and his office of physicians for a preliminary injunction against enforcement of the No Surprises Act.

Severance of Defendants Denied, Severance of Counts Granted

In United States v. Codner, 18 CR 609 (EDNY, Aug. 4, 2022), a multi-defendant case alleging murder for hire and other offenses, Judge Dearie (1) denied motions for a severance by two defendants, each of whom claimed that the other's defense would be unacceptably antagonistic to his own; (2) granted a defendant's motion to sever counts alleging possession of a gun by a felon and perjury; and (3) denied a defendant's motion for a taint hearing relating to the seizure of purported attorney-client communications.