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 Raymond J. Dearie found that two of defense counsel’s peremptory challenges to potential jurors were improperly based on gender. Judge Denis R. Hurley decided what categories of damages could be presented to the jury in a legal malpractice case. And Judge Margo K. Brodie denied a defendant’s motion to reconsider the denial of summary judgment regarding Truth in Lending Act claims, in part because of defendant’s failure to raise its “lack of assignment” argument in its earlier motion papers.
Peremptory Challenges
In United States v. Gigliotti, 15 CR 204 (EDNY, Nov. 14, 2016), Judge Dearie disallowed two of the peremptory challenges by the defense in a criminal case to potential jurors, finding that they were improperly based on gender, in violation of Batson v. Kentucky, 476 U.S. 79 (1986).
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