- Posted: November 13, 2024 / NYLJ Eastern District Roundup
Written by: Samuel L. Butt, Thomas A. KissaneFOIA Claims Dismissed, New Trial Granted and Qui Tam Claims
This column reports on several recent significant decisions from the U.S. 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. Read More
- Posted: October 15, 2024 / NYLJ Eastern District Roundup
Written by: Thomas A. Kissane, John MooreA Motion To Dismiss, a Reduced Sentence Request, and a Motion to Remand
This column reports on several recent significant decisions from the U.S. District Court for the Eastern District of New York. Judge Rachel P. Kovner denied a motion to dismiss for lack of subject matter jurisdiction. Judge Joan M. Azrack denied defendant’s motion to reduce his sentence. And Judge Natasha C. Merle denied a motion to remand to state court. Read More
- Posted: January 16, 2024 / NYLJ Eastern District Roundup
Written by: Samuel L. Butt, John MooreJudicial 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. Read More
- Posted: December 11, 2023 / NYLJ Eastern District Roundup
Written by: Samuel L. Butt, Thomas A. KissanePreliminary 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 U.S. Securities and Exchange Commission (SEC). Read More
- Posted: November 10, 2023 / NYLJ Eastern District Roundup
Written by: Thomas A. Kissane, John MooreFirst Amendment Challenge, Section 1983 Claims, Failure To Show Irreparable Injury
This column reports on several significant representative decisions from the United States District Court for the Eastern District of New York. Judge Rachel P. Kovner dismissed a First Amendment challenge to a school district’s policy of restricting comment at school board meetings to local residents. Judge Eric N. Vitaliano granted defendants’ motion to dismiss plaintiffs’ claims under 42 U.S.C. §1983 concerning the Mitchell-Lama housing program. Judge Gary R. 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. Read More
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