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 Kuntz II found that a hearing was required to determine whether defendant was in custody for Miranda purposes at the time of his statements to federal agents. Judge Eric Vitaliano, affirming orders of Bankruptcy Judge Jerome Feller, held that the bankruptcy trustee’s adversary proceeding was properly dismissed on a theory of “constructive notice.” Judge Jack Weinstein granted an injunction, under the National Labor Relations Act, requiring a company to reinstate a union organizer as its super. And Judge Arthur Spatt adopted a Report and Recommendation of Magistrate Judge Gary Brown addressing discovery issues in a suit by a litigious owner of a pornographic film alleging copyright infringement by John Doe defendants.

‘Miranda’—Custody

In United States v. Fama, 12 CR 186 (Dec. 7, 2012), Judge Kuntz granted defendant’s request for an evidentiary hearing to determine whether he was in “custody” when, without receiving Miranda warnings, he made statements to FBI agents.

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