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 Joseph F. Bianco granted the government’s motion to prosecute a juvenile defendant in district court as an adult. Judge Sterling Johnson Jr. declined to dismiss certain defamation claims against former Yankee pitcher Roger Clemens. Judge Eric N. Vitaliano granted partial summary judgment to plaintiff in a suit against an insurer for “business interruption” losses. And Judge Bianco ruled on motions to dismiss §1983 and related claims resulting from plaintiff’s incarceration in Nassau County on attempted rape charges and his subsequent exoneration.
Prosecuting Juvenile as Adult
In United States v. Juvenile Male #2, 10 CR 470 (EDNY, Jan. 26, 2011), Judge Bianco, applying the factors in the Juvenile Justice and Delinquency Prevention Act, 18 U.S.C. §5032, granted the government’s motion to transfer murder charges against a juvenile to district court.
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