In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam, Stone & Dolan, write that, among other noteworthy rulings, Judge William Kuntz II found that a hearing was required to determine whether defendant was in custody for 'Miranda' purposes at the time of his statements to federal agents, and Judge Eric Vitaliano held that the bankruptcy trustee's adversary proceeding was properly dismissed on a theory of "constructive notice."
Custody for 'Miranda' Purposes, Union Organizer Reinstatement, Discovery
New York Law Journal
January 11, 2013
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