Credit: BillionPhotos.com/Adobe Stock Lack of Jurisdiction, Rulings Concerning 'Crime of Violence'
In this edition of their Eastern District Roundup, Samuel Butt and Michael Brodlieb report on several significant representative decisions, including: granting a motion to dismiss for lack of subject matter jurisdiction because claims were not brought under the Administrative Procedures Act; finding jurisdiction lacking over a pro se complaint seeking review of an order under the Perishable Agricultural Commodities Act; and rulings concerning whether crimes fell within the "crime of violence" definition under 18 U.S.C. §924(c).
February 09, 2023 at 10:00 AM
9 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 Rachel P. Kovner granted a motion to dismiss for lack of subject matter jurisdiction because claims were not brought under the Administrative Procedures Act (APA). Judge Ann M. Donnelly similarly found jurisdiction lacking over a pro se complaint seeking review of an order under the Perishable Agricultural Commodities Act (PACA). And Judges Frederic Block and Pamela K. Chen issued rulings concerning whether crimes fell within the "crime of violence" definition under 18 U.S.C. §924(c).
Administrative Procedures Act
In Nassau Financial Federal Credit Union v. National Credit Union Administration Board and United States of America, 22 CV 39 (EDNY, Dec. 20, 2022), Judge Kovner granted defendants' motion to dismiss for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1).
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