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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
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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July 13, 2022 | New York Law Journal

Kenju Watanabe Leaves Paul Hastings to Join FisherBroyles as Partner

And other announcements of recent hirings and promotions of New York attorneys.
3 minute read
July 07, 2022 | New York Law Journal

Sentence Reduction, Question of Standing, TILA Liability

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several recent and significant representative decisions, including reduction of a lengthy prison sentence due to defendant's medical impairments; a holding that, under ERISA, unionized workers had standing to sue trustees of their former union regarding dollar amounts transferred to their new union; and a holding that plaintiffs failed to establish a bank's liability under the Truth in Lending Act regarding disclosures related to their mortgage.
9 minute read
July 01, 2022 | New York Law Journal

U.S. Sentencing Guidelines Have Not Kept Pace With the Use of Technology. It's Time To Change Them.

Anachronistic and vaguely defined provisions that have been updated to reflect today's business and technological landscape can lead to aberrant results.
8 minute read
June 09, 2022 | New York Law Journal

COVID Release and Motion To Vacate Denied, Permission To Amend Reversed

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several recent and significant representative decisions, including denial of a prisoner's application for compassionate release based on COVID concerns; denial of plaintiffs' motion to vacate a judgment against them, dismissing their claims under the Anti-Terrorism Act; and reversal of a decision permitting a debtor to amend her complaint.
9 minute read
April 14, 2022 | New York Law Journal

Vaccinated Jury, Counsel Conflict, Lack of Subject Matter Jurisdiction

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant decisions, including: a denial of defendants' motions for a new trial based on the court's decision to seat only jurors who had been vaccinated against COVID-19; an affirmance of an order disqualifying a law firm from representing defendants while the firm was also representing a prospective trial witness with different interests; and a dismissal of an action seeking the refund of a federal tax penalty where the court lacked subject matter jurisdiction.
10 minute read

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