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August 13, 2020 | New York Law Journal

Shkreli, 'Monell' Claim Under Section 1983 and Pedigree Exception to 'Miranda'

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. udge Kiyo A. Matsumoto denied a motion for compassionate release by Martin Shkreli, Judge Nicholas G. Garaufis denied a motion for a directed verdict by defendant Triborough Bridge and Tunnel Authority after its loss at trial in a Section 1983 case and Judge I. Leo Glasser denied a suppression motion where the evidence in question fit the pedigree exception to Miranda.
8 minute read
July 30, 2020 | New York Law Journal

Prosecuting Fútbol Executives in the Land of Soccer

In their column on International Criminal Law and Enforcement, Vera M. Kachnowski and Jolène LaVigne-Albert discuss a recent Second Circuit opinion showing how the honest services fraud statute may be used in situations with seemingly tenuous connection to the U.S.
8 minute read
June 11, 2020 | New York Law Journal

Compassionate Release Under the First Step Act and Tenancy Destroyed by Fraud

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Raymond J. Dearie found "extraordinary and compelling reasons" to grant compassionate release under the First Step Act, based on old and new events in a decades-old case. Judge Eric N. Vitaliano, assessing the defendant's medical condition and his criminal record, denied compassionate release under the First Step Act.
9 minute read
May 07, 2020 | New York Law Journal

Hobbs Act Robbery, Criminal Forfeiture, FMLA Violations

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss three recent decisions, the first holding that an attempted Hobbs Act robbery was not a "crime of violence" under the "elements clause" of 18 U.S.C. §924(c); that next holding that criminal defendants could be jointly and severally liable under 18 U.S.C. §(a)(1) even if they did not personally benefit from the forfeitable property; and the last denying motions for summary judgment by LIU College of Pharmacy against a professor's claims of retaliation.
9 minute read
April 22, 2020 | New York Law Journal

Do State Shut-Down Orders Effect a Taking for Which the State Must Pay Just Compensation?

The owner of the closed business is made to sacrifice the use of his or her property for the good of the general public. Has the state thereby effected a taking under the Fifth and Fourteenth Amendments for which it must compensate the business owner?
10 minute read
April 21, 2020 | New York Law Journal

The Coming Tsunami of Employment-Related COVID-19 Litigation

What is apparent from the COVID-19 litigation we have seen thus far, is that while most states are only a few weeks into mandatory shelter-in-place orders, there is already a panoply of pandemic-related litigation underway.
7 minute read
March 25, 2020 | New York Law Journal

Second Circuit Clarifies Standard for Gender-Based Pay Disparity Claims

This article reviews the standard for bringing a Title VII gender-based pay discrimination claim in the Second Circuit prior to the 'Lenzi' ruling and discusses the Second Circuit's clarification of the law in 'Lenzi'. Finally, the article provides some insights for employers given the ruling in 'Lenzi'.
8 minute read
March 20, 2020 | New York Law Journal

Litigating Through the Coronavirus Crisis: How To Keep Your Cases Moving While the World Battles a Pandemic

Sitting on the sideline while the coronavirus crisis runs its course is not an option.
7 minute read
March 12, 2020 | New York Law Journal

Arson Sentencing, Antitrust Conspiracy, Procedural Due Process

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, report on a holding that New York's "recklessness" requirement for fourth-degree arson did not meet the more rigorous requirement of "purposefulness" for a "crime of violence" under the federal sentencing guidelines; a decision declining to dismiss claims of an antitrust conspiracy; and a decision granting in part and denying in part a motion for summary judgment by a plaintiff contesting the summary suspension of his right to represent taxi drivers before the City's OATH tribunal.
8 minute read
February 13, 2020 | New York Law Journal

Reasonable Search, Liability for Unauthorized Broadcast, Fraud Complaint Dismissed

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant decisions: one holding that officers had reasonable suspicion to stop and search defendant; another finding liability and assessing damages against a lounge for broadcasting a boxing match without authorization; and a third dismissing a complaint alleging securities fraud.
7 minute read

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