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March 20, 2024 | New York Law Journal

What Happens If Trump Can't Post a Bond on His $454M Judgment? It Depends, but It Won't Be Pretty

Donald Trump's lawyers recently filed a brief before the First Department claiming that securing a bond to stay enforcement of the $454 million entered against him in the Attorney General's fraud suit is a "practical impossibility." So what happens if he can't post a bond?
6 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.
8 minute read
February 08, 2024 | New York Law Journal

Felon in Possession, New York Gun Ban 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 Kiyo A. Matsumoto denied defendant's motion to withdraw his guilty plea and dismiss the indictment charging him as a felon in possession. Judge Frederic Block dismissed an action for a declaration holding New York's ban on assault weapons unconstitutional. Magistrate Judge Lee G. Dunst granted a motion to disqualify counsel.
9 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.
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.
9 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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November 08, 2023 | New York Law Journal

First Amendment Challenge, Section 1983 Claims, Failure To Show Irreparable Injury

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Kovner dismissed a First Amendment challenge to a school district's policy of restricting comment at school board meetings to local residents. Judge Vitaliano granted defendants' motion to dismiss plaintiffs' claims under 42 U.S.C. §1983 concerning the Mitchell-Lama housing program. Judge Brown found that plaintiffs challenging New York state gun control legislation had not made a sufficient showing of irreparable injury to support preliminary injunctive relief.
10 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.
10 minute read
August 31, 2023 | New Jersey Law Journal

'Cannot Survive Supremacy Clause Scrutiny': How New Jersey's Law on Immigration Detention Facilities Failed

"AB 5207 evades easy classification under a particular branch of the Supreme Court's Supremacy Clause jurisprudence," stated Judge Robert Kirsch. "Regardless of the doctrine invoked, the result in this case is clear. A state law that wholesale deprives the federal government of its chosen method of detaining individuals for violating federal law cannot survive Supremacy Clause scrutiny."
7 minute read
August 21, 2023 | New York Law Journal

How to Appeal Unappealable Orders

Litigators must be able to identify when an appeal cannot be taken. Effective and creative appellate litigators know how to appeal an adverse ruling anyway.
7 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.
9 minute read

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