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July 12, 2023 | New York Law Journal

Attempt to Block Unseal Names of Suretors Denied, Jurisdiction Under CAFA and Windfarm Construction

Judge Joanna Seybert rejected Congressman George Santos's attempt to prevent unsealing the names of the suretors of a bond securing his release. Judge LaShann DeArcy Hall declined to exercise jurisdiction under the Class Action Fairness Act. And Judge Frederic Block denied a preliminary injunction motion that sought to halt construction on a windfarm off Montauk.
10 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.
9 minute read
May 09, 2023 | New York Law Journal

NYLL Claims Dismissed, Judicial Estoppel Denied and Compassionate Release Granted

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 LaShann DeArcy Hall dismissed the plaintiff's New York Labor Law claims against the Great Neck Park District. Judge Joanna Seybert denied the plaintiff's pretrial motion to preclude the defendant from making arguments assertedly inconsistent with those it had successfully made in five prior litigations. And Judge Allyne R. Ross granted the defendant's motion for compassionate release.
8 minute read
April 13, 2023 | New York Law Journal

Pistol Licensing, Product Liability and the FLSA

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 Gary R. Brown denied plaintiffs' motion for a preliminary injunction regarding New York State's gun licensing and use laws. Judge Frederic Block denied a motion to dismiss product liability claims concerning TRESemmé products, and Magistrate Judge James M. Wicks rejected a settlement under the FLSA as overbroad with insufficient support to determine reasonableness.
9 minute read
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
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

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