Samuel Butt

Samuel Butt

November 07, 2024 | New York Law Journal

FOIA Claims Dismissed Based on Res Judicata, New Trial Granted and Qui Tam Claims

This column reports on several recent significant decisions from the United States District Court for the Eastern District of New York. Judge Natasha C. Merle dismissed claims based on res judicata. Judge Frederic Block granted a motion for a new trial due to an excessive damage award. And Judge Brian M. Cogan dismissed qui tam claims under the False Claims Act for lack of subject matter jurisdiction.

By Samuel Butt and Thomas Kissane

8 minute read

September 12, 2024 | New York Law Journal

Anti-SLAPP Suit, Copyright Infringement Claim and Dismissal of Evidence Request

This column reports on several recent significant decisions from the U.S. District Court for the Eastern District of New York.

By Samuel Butt and John Moore

9 minute read

July 11, 2024 | New York Law Journal

Motion to Reconsider, Attorney Fees Reduced, Religious Discrimination

This column reports on several recent significant decisions from the United States District Court for the Eastern District of New York. Judge Margo K. Brodie denied defendant's motion for reconsideration in a case involving alleged sexual abuse by a priest. Magistrate Judge Lee G. Dunst granted, but substantially reduced, attorney's fees to plaintiffs' counsel. And Judge Joan M. Azrack granted defendants' motion to dismiss plaintiff's state law discrimination claim under the election of remedies doctrine but allowed plaintiff's federal law discrimination claim to proceed in part.

By Thomas Kissane and Samuel Butt

8 minute read

May 09, 2024 | New York Law Journal

Trafficking Claims, Repatriation Request and Indictment Dismissal Denied

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Ann M. Donnelly denied a motion to dismiss a complaint alleging claims of forced labor and trafficking and, in a second, unrelated matter, denied a mother's petition under the Hague Convention to repatriate her child to England. Chief Judge Margo K. Brodie denied defendants' motion to dismiss the indictment against them or for an in camera review of the grand jury minutes.

By Samuel Butt and John Moore

8 minute read

March 07, 2024 | New York Law Journal

Court Rules on Rap Videos, Child's Victims Act and Prisoner's Claims

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge DeArcy Hall denied the government's motion to introduce rap videos featuring the defendant at trial. Judge Block held that plaintiff's New York City Human Rights Law claim was revived by the Child Victim's Act. Judge Matsumoto dismissed a prisoner's claims and limited future in forma pauperis filings.

By Samuel Butt and Thomas Kissane

8 minute read

January 11, 2024 | New York Law Journal

Judicial Immunity, Denial of Sanctions and Disqualification of Counsel

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Gary R. Brown dismissed a complaint against United States Bankruptcy Court Chief Judge Alan S. Trust and others based on judicial immunity. Magistrate Judge Vera M. Scanlon denied a motion for sanctions and adverse inferences. Magistrate Judge James M. Wicks granted a motion to disqualify counsel.

By Samuel Butt and John Moore

8 minute read

December 07, 2023 | New York Law Journal

Preliminary Injunction Denied, Collateral Challenge Rights Waived and Denial of Frozen Funds

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Eric R. Komitee denied a preliminary injunction to a defamation plaintiff, Judge Gary R. Brown denied a prisoner's pro se petition to have his sentence vacated under 28 U.S.C. §2255 and Judge Frederic Block denied a motion by defendants to access frozen funds in an action brought by the SEC.

By Samuel Butt and Thomas Kissane

9 minute read

October 12, 2023 | New York Law Journal

Lack of Jurisdiction, Inmate's Trust Account and Claims Stemming From Capitol Attack

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Eric R. Komitee dismissed a complaint to compel arbitration for lack of jurisdiction. Judge Nicholas G. Garaufis granted the government's motion to garnish funds from an inmate trust account. Judge Frederic Block granted in part and denied in part defendants' motion to dismiss claims under §1983 and the New York Labor Law.

By Samuel Butt and Thomas Kissane

10 minute read

August 10, 2023 | New York Law Journal

Motion to Suppress Denial, No Private Right of Action and Release on Bail Pending Appeal

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Eric N. Vitaliano denied a defendant's motion to suppress electronically stored information obtained by the government from Google. Judge Eric R. Komitee dismissed pro se claims alleging federal criminal violations committed during a state court landlord-tenant proceeding. And Judge Vitaliano denied release on bail pending appeal.

By Samuel Butt and Michael Brodlieb

9 minute read

June 08, 2023 | New York Law Journal

Motion to Compel Arbitration, Motion in Limine Under Rule 404(b) and Writ of Habeas Corpus

This column reports on several significant decisions from the U.S. District Court for the Eastern District of New York. Judge Hector Gonzalez denied a motion to compel arbitration. Judge Joanna Seybert granted in part and denied in part a criminal defendant's motion in limine under Rule 404(b) to exclude evidence. And Judge Raymond J. Dearie denied an application for a writ of habeas corpus.

By Samuel Butt and Michael Brodlieb

9 minute read