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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
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
Law Journal Press | Digital Book Bucks County Court Rules 2024 Authors: View this Book

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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
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
August 29, 2022 | New York Law Journal

Attorneys 'On the Move': Finance Partner Joins King & Spalding; Arnold & Porter's Transactions Team Grows

And other announcements of recent hirings and promotions of New York attorneys.
3 minute read
August 19, 2022 | New York Law Journal

Notice of Entry in the NYSCEF Era

Now that NYSCEF is standard for appeals throughout the state, serving notice of entry is easier than ever. But variation among the judicial departments has created confusion and opened the possibility for gamesmanship.
5 minute read
August 11, 2022 | New York Law Journal

Anonymous Jury, Lack of Standing, 'Give Up' Transaction

In this edition of their Eastern District Roundup column, Harvey M. Stone and Richard H. Dolan report on several recent and significant decisions, including: a decision to grant a motion for an anonymous and partially sequestered jury; a finding that plaintiff's failure to plead concrete injury deprived him of standing and the court of jurisdiction; and a holding that the homestead exemption would cover certain proceeds from the sale of debtor's residence as part of a "give-up" transaction.
8 minute read

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