Cases
Experience: Representative Matters: Russell v. Delaware Online, Civ. No. 15-794-SLR, 2016 U.S. Dist. LEXIS 80216 (D. Del. Jun. 20, 2016) (finding news report of arrest protected by fair report privilege, denying preliminary injunction,
granting media motion to dismiss complaint).
PSEG Long Isl
LLC v. Town of N. Hempstead, NY, 158 F. Supp. 3d 149 (E.D.N.Y. 2016) (annulling, on constitutional grounds, local ordinance requiring electric utility to post signs on utility poles disclosing alleged health risks of preservative wood treatments).
Matter of Derti v. Annucci, CA No. 521593, 2016 N.Y. App. Div. LEXIS 7979 (3d Dep't Dec. 1, 2016) (in pro bono case, annulling
vacating for lack of substantial evidence prison disciplinary determination
resultant thirty-six month SHU penalty.)
Rivkin v. Century 21 Teran Realty, LLC, 10 N.Y.3d 344, 858 N.Y.S.2d 55 (2008) (obtained favorable decision from New York's highest court in a case of first impression decided upon Certified Question from the United States Court of Appeals for the Second Circuit (494 F.3d 99 (2007)), defining
limiting the fiduciary duties of disclosure owed by certain classes of real estate agents to their purchaser-clients.)
Newsday, Inc. v. State Dep't of Transp., 5 N.Y.3d 84, 800 N.Y.S.2d 67 (2005) (held, records indicating advisability of investigating particular highway locations based on accident rates subject to disclosure under FOIL) (on the brief).
Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) (vacating
rem
ing trial court order holding in abeyance media motion to intervene
unseal certain summary judgment motion papers in complex, high-stakes commercial case) (on the brief).
People v. Novak, 41 Misc.3d 749, 971 N.Y.S.2d 853 (County Court, Sullivan Co., 2013) (obtained trial court order (not appealed) quashing subpoena issued to non-party newspaper reporter seeking the production of unpublished notes
outtakes of reporter's exclusive jailhouse interview with capital murder defendant.)
Patton v. O'Bannon, No. 2011 CA 0989, 2011 WL 6754099 (La. App. 1 Cir. Jan. 4, 2012) (granting media defendants' special motion to strike
awarding costs pursuant to Louisiana's SLAPP statute, Louisiana Code of Civil Procedure Ch. 971.)
Daniel O'Connell, as Admin. of the Est. of Patrick O'Connell, et al. v. Clough Harbour & Assoc., LLP, No. 08-CV-569 (TJM/DEP), 2010 WL 1729333 (N.D.N.Y. Jan. 15, 2010) (after extensive discovery proceedings in case arising from fatal collapse of state bridge, obtained summary judgment dismissing wrongful death claim asserted against private engineering firm that had conducted biennial bridge inspections under contract with the State of New York.)
Highbridge Dev. BR, LLC v. Diamond Dev., LLC, 67 A.D.3d 1112 (3d Dep't 2009) (obtained substantial modification of trial court summary judgment orders in l
use dispute.)
Empire State Ethanol
Energy, LLC v. BBI Int'l, et al., 1:06-CV-1144 (GLS/DRH), 2009 WL 1813205 (N.D.N.Y. Jun. 25, 2009) (denying, in part, motion to dismiss
/or stay pending arbitration
motion for civil gag order in dispute concerning construction of renewable energy facility.)
Defended licensed psychologist employed by State of New York in case arising from the death of a 13-year-old autistic boy while resident in a state-run institution for the developmentally disabled. Michael
Lisa Carey, as Admin. of the Est. of their son, Jonathan Carey v. Slingerl
, et al., Case No. 09-cv-0163 (N.D.N.Y.)
Represented intervenors in major relicensing
permitting proceedings, including the St. Lawrence/FDR Power Dam, Athens Generating Plant,
proposed St. Lawrence Cement Plant.
Participated in the defense of an administrative enforcement action brought by the NYSDEC against the owner
operator of an underground liquefied petroleum gas (LPG) storage facility in Bath, New York.
In pro bono representation, obtained federal jury verdict for inmate-plaintiff after multi-day trial based on finding of unconstitutional retaliation by prison officials for exercise of rights protected by the First Amendment to the United States Constitution.
Some of the above matters were h
led by Mr. Hurst prior to his joining Greenberg Traurig, LLP.
