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March 08, 2023 | New York Law Journal

Section 1983 Claim, Motion for Protective Order and Electoral Abuses on Social Media

In this edition of their Eastern District Roundup, Thomas Kissane and John Moore report on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Edward R. Korman permitted a Section 1983 claim for prolonged detention to proceed against two Greenwich police officers.
9 minute read
March 06, 2023 | New York Law Journal

Manhattan Federal Judge Dismisses Suit Against Artist Peter Max's Court-Appointed Guardian

BakerHostetler attorneys moved to dismiss, arguing that the district court "either lacks subject matter jurisdiction over this case, or should abstain from exercising it.
4 minute read
February 09, 2023 | New York Law Journal

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).
9 minute read
Theracare of New York Inc. v. 11-20 46th Road Owner LLC
Publication Date: 2023-01-25
Practice Area: Landlord Tenant Law
Industry:
Court: U.S. District Court for the Eastern District of New York, U.S. - EDNY
Judge: District Judge Frederic Block
Attorneys:
For plaintiff: For Plaintiffs: Richard H. Dolan, Joshua Wurtzel, Christopher R. Dyess, Schlam Stone & Dolan LLP, New York, NY.
For defendant: For Defendant: Shireen Barday, Paul J. Kremer, Gibson, Dunn & Crutcher LLP, New York, NY.
Case number: 22-CV-880

Bulk of Tenants' Claims Dismissed; Entitlement to 'Abatement', Fee's Return Not Shown

January 12, 2023 | New York Law Journal

Confession Suppressed, Vaccine Mandate Not Enjoined, Restitution Not Terminated

In this edition of their Eastern District Roundup, Thomas Kissane and John Moore report on several significant representative decisions, including: granting a defendant's motion to suppress his confession; denying a motion for a preliminary injunction enjoining New York City from enforcing COVID-19 vaccine mandates; and denying a defendant's request to terminate his restitution obligation.
8 minute read
December 08, 2022 | New York Law Journal

Sentence Reductions, Suppression Motion, Special Liquor Permit

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions handed down recently, including granting the motions of two defendants to reduce their sentences under the First Step Act; relying on the "automobile exception" to the Fourth Amendment and the inevitable discovery doctrine in denying a suppression motion; and denying a preliminary injunction requiring the State Liquor Authority to issue a permit to sell alcohol all night on New Year's Eve 2022.
9 minute read
November 09, 2022 | New York Law Journal

Securities Act Claims, Vehicle Seizures, Plea Waiver

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions handed down recently, including: dismissal of claims under §§11 and 15 of the Securities Act based on alleged failures to disclose COVID-related risks; partial grant of a motion for summary judgment in an action challenging seizure of vehicles on constitutional grounds; and a holding that a plea waiver was unenforceable because the statute underlying the conviction had been rendered unconstitutional in another case.
9 minute read
October 13, 2022 | New York Law Journal

Pre-Trial Motions, Failure To State Claims, 'No Surprises Act' Challenge

In this edition of their Eastern District Roundup column, Harvey M. Stone and Richard H. Dolan report on several recent and significant representative decisions: a ruling on pre-trial motions in a criminal case, including motions for a severance based on allegedly irreconcilable defense strategies; a finding that plaintiff failed to state a claim against the Roman Catholic Diocese of Brooklyn; and denial of a motion seeking a preliminary injunction against enforcement of the No Surprises Act.
10 minute read
Appellate Division,First Department: October 11, 2022
Publication Date: 2022-10-11
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Motions & Appeals List released on: October 6, 2022

October 04, 2022 | New York Law Journal

Attorneys 'On the Move': Latham Snags Commercial Trial Lawyer from Sidley

And other announcements of recent hirings and promotions of New York attorneys.
3 minute read

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