The IP Law Blog

JUNE 10, 2021

Its previous right-of-publicity laws were an extension of its statutory right of privacy which provided that “any person whose name [or likeness] is used within [New York] for advertising [or trade] purposes without. written consent” can sue for an injunction and damages. The postmortem right attached to a “performer” does not expire.

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Statute Cause of Action Sports Laws 85

JURIST

SEPTEMBER 24, 2024

The complaint spanning 147 pages seeks injunctions and civil penalties, including causes of action for public nuisance, water pollution, untrue or misleading advertising, and, allegations of fraudulent business practices.

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Cause of Action Technology Attorney 211

Constitutional Law Reporter

JUNE 17, 2022

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. In Egbert v. Boule , 596 U.S. _ (2022), the U.S. Border Patrol agent. Border Patrol agent.

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Cause of Action Court Tort Immigration 52

SCOTUSBlog

JUNE 8, 2022

In an opinion by Justice Clarence Thomas, the court held that a Washington state innkeeper does not have implied causes of action against a federal agent for alleged First and Fourth Amendment violations arising from the enforcement of immigration laws along the border. Six Unknown Named Agents. Robert Boule is a U.S.

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Cause of Action Court Immigration Laws 105

ClimateChange-ClimateLaw

MAY 23, 2018

Keenan of the Southern District of New York will hear oral argument on the motions to dismiss filed in City of New York v. a case in which New York City alleges these same companies’ same activities constitute a public nuisance and trespass under New York State law. BP P.L.C. ,

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Litigation Litigating Tort Cause of Action 52

Law 360

AUGUST 28, 2024

Albany, New York-based Whiteman Osterman & Hanna LLP has moved to trim breach of contract and disgorgement of fees claims brought by a former client over allegedly bungled tax advice, telling a New York federal judge the claims are redundant when the ex-client is also pursuing a legal malpractice cause of action.

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Contract Cause of Action Legal Legal 52

The Fashion Law

NOVEMBER 23, 2021

On the heels of the high fashion retailer and the magazine publisher pushing back against the models’ claims in respective motions to dismiss, and a New York federal court stripping down the case, Condé Nast is trying to get the rest of the case – including the plaintiffs’ right of publicity and unjust enrichment claims – tossed out. .

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Statute Punitive Damages Cause of Action Laws 131

Law 360

JUNE 28, 2024

Citibank has urged a New York federal judge to toss a suit by a former managing director of the bank who claims she was fired for not reporting false information to compliance authorities, arguing that even if her claims are true, she hasn't plausibly alleged a cause of action under the Sarbanes-Oxley Act.

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Cause of Action 52

SCOTUSBlog

MARCH 1, 2022

Boule considers whether to “extend” the Bivens cause of action to First Amendment retaliation claims and Fourth Amendment claims arising from immigration enforcement near the U.S.-Canada Boule told Egbert of a guest who had flown from Turkey to New York the previous day and was flying to Washington and driving to the inn.

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Cause of Action Immigration Tort Government 111

SCOTUSBlog

APRIL 13, 2023

As relevant here, Section 11 includes a private cause of action in federal court if the statement includes any information that is materially false or misleading, at the behest of “any person acquiring such security.” A direct listing, approved by the New York Stock Exchange in the last decade, works differently.

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Cause of Action Statute Technology Court 102

ClimateChange-ClimateLaw

JUNE 11, 2024

All of these federal lawsuits include claims that the agencies approving the projects violated the National Environmental Policy Act, among other federal causes of action. And in New York, the Town of Long Lake passed a 1-year moratorium in August 2023 on permits for battery energy storage systems.

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Cause of Action Government Legal Legal 111

The Fashion Law

MAY 12, 2021

Coscarelli sets the stage in the newly-filed 30-page complaint, asserting that “after winning Food Network’s Cupcake Wars and becoming a best-selling cookbook author, [she] founded ‘by Chloe’ – a first-of-its-kind fast-casual vegan restaurant chain” with New York-based ESquared Hospitality after pitching the concept to its CEO James Haber in 2014.

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Punitive Damages Cause of Action Attorney Contract 102

Conflict of Laws

NOVEMBER 9, 2023

were a corporation based in New York and owned the domain name www.hindustan.com. Their website provided news content like HT Media, focusing on India-America interests and stock market reports from India. Moreover, the court deemed the lawsuit filed in the Eastern District of New York vexatious and oppressive.

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Cause of Action Court Entertainment Court Rules 69

SCOTUSBlog

JUNE 8, 2022

Petitioner Erik Egbert, a Border Patrol agent, attempted to speak with a guest, newly arrived from Turkey via New York, outside the inn. Moreover, that a new right is parallel to a recognized right is insufficient to extend the Bivens right of action. Respondent Robert Boule is a U.S. Gorsuch’s concurrence.

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Court Cause of Action Government Litigation 118

ClimateChange-ClimateLaw

JUNE 15, 2012

On Tuesday, New York State Supreme Court Justice Thomas J. McNamara in Albany County dismissed a lawsuit filed in June 2011 by three members of Americans For Prosperity, a conservative advocacy group, that challenged New York’s participation in the Regional Greenhouse Gas Initiative (RGGI) cap and trade program.

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Cause of Action Contract Court Decisions Legal 40

NewmanFerraraLLP

DECEMBER 21, 2022

TALK ABOUT ABSOLUTE POWER After a New York County Supreme Court Justice found Stefan Malter, and others, personally liable under a lease guaranty, the latter appealed to the Appellate Division, First Department, contending that relief in the landlord’s favor – on a motion for summary judgment – was inappropriately granted.

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Cause of Action Court 52

The Fashion Law

DECEMBER 20, 2021

Within hours of MSCHF dropping more than 600 pairs of its blood-infused “Satan Shoes” in March, Nike filed a trademark infringement and dilution suit , accusing the Brooklyn, New York-based “art collective” of “taking orders for the customized Nike Air Max 97 shoes” that it had “materially altered to prominently feature a satanic theme.”

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Laws Cause of Action Litigation Litigating 97

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

The court described the case as “an unprecedented case for any court, let alone a state court trial judge,” but concluded that it was “still a tort case” and “based exclusively on state law causes of action,” primarily failures to disclose, failures to warn, and deceptive marketing. Chevron Corp.

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Court Tort Cause of Action Litigation 85

Patently O

JANUARY 4, 2024

Although plagiarism is not a cause of action, copyright infringement is – and that serves as the basis of the lawsuit here. The New York City Bar Association’s Formal Opinion 2018-3 provides important guidance on the ethical implications of copying language from other sources into legal briefs and filings.

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Law Firms Law Firm Attorney Legal Research 124

The Fashion Law

OCTOBER 25, 2021

In a declaratory judgment action filed in October 2020 , WWW and Bernstein asked a New York federal court to formally declare that they did not run afoul of the indie intimates brand’s rights by using a lookalike “Silhouettes Design.” Fast forward to May 2021, and following a combination of the two cases before the U.S.

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Court Cause of Action Manufacturing Drafting 79

Patently O

DECEMBER 6, 2021

as well as claims under the Lanham Act (false advertisement & product disparagement) and under New York State Law (product disparagement, tortious interference, etc). But, instead of suing in New York, AudioEye sued in W.D. AudioEye sued accessiBe for patent infringement (US10423709, et al.)

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Statute Cause of Action Court Laws 78

SCOTUSBlog

FEBRUARY 8, 2025

Stewart 24-513 Issues : (1) Whether a prospective juror who alleges they were struck as the result of a policy, custom or usage of racial discrimination have a cause of action under 42 U.S.C. Zhongshan Fucheng Industrial Investment Co.

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Attorney Court Cause of Action Lawyers 66

SCOTUSBlog

DECEMBER 2, 2023

2019, a bankruptcy court in New York put lawsuits against the company and the Sacklers on hold. 2021, a federal district court in New York vacated the bankruptcy court’s decision confirming the plan. Facing those civil lawsuits, Purdue Pharma filed for bankruptcy in 2019. And in Sept.

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Court Tort Litigation Litigating 141

NewmanFerraraLLP

FEBRUARY 5, 2023

and causes of action. After the New York County Supreme Court dismissed the buyer’s case, an appeal to the Appellate Division, First Department, ensued. Buyer Denied Excess Tax Monies When a property was sold on March 30, 2017, the deed provided that the seller was transferring "all of Seller's rights.

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Real Estate Cause of Action Court Laws 52

JonathanTurley

JULY 23, 2021

NO PRIVATE CAUSE OF ACTION. (a) Thus, politicians have called for people to stop buying the ice cream and New York City Mayor Bill de Blasio, said he would be forgoing “Cherry Garcia for a while.”

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Cause of Action Government Manufacturing Laws 59

The Fashion Law

DECEMBER 17, 2021

And in one more jab before setting out its causes of action, Yurman asserts that Mejuri similarly falls short on its purported sustainability credentials.

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Cause of Action Laws Court 98

Conflict of Laws

SEPTEMBER 30, 2024

Each case has been reviewed and more details, such as the grounds, the case numbers, and causes of action, have been added. Dawei Gongsun, Partner at DGW Kramer LLP (New York). [1] Zhou v Jing [2023] NSWSC 214 (Australia), [21] Yin v Wu [2023] VSCA 130 (Australia) [22] ).

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Cause of Action Divorce Lawyers Lawyer 64

The Fashion Law

MAY 18, 2021

The family that formerly owned Brooks Brothers is in the midst of a $100 million legal battle after allegedly failing to “fulfill their contractual and fiduciary obligations to a Brooks Brothers minority shareholder and investor.

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Legal Legal Contract Cause of Action 82

Conflict of Laws

AUGUST 22, 2023

Each case has been reviewed and more details, such as the grounds, the case numbers, and causes of action, have been added. Dawei Gongsun, Partner at DGW Kramer LLP (New York). WANG Chengjie, Lawyer at Allbright Law Offices (Shanghai);Wonbanglaw; Ms.

Cause of Action 52

Cause of Action Divorce Court Rules Lawyers 52

JonathanTurley

SEPTEMBER 21, 2021

The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. Notably, Nunes sought to challenge New York Times v. ” This could present a major new precedent if it is appealed to the Supreme Court. Harte-Hanks, 491 U.S.

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Tort Immigration Cause of Action Court Rules 59

The Fashion Law

JUNE 17, 2021

District Court of the Southern District of New York, sided with the photographer, in part, and the New York-based brand. In an order early this month , Judge Andrew Carter of the U.S.

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Cause of Action Court Education Laws 68

SCOTUSBlog

JANUARY 16, 2022

It eventually travelled to New York and then to Saint Louis, Missouri, where it remained until 1976. Unbeknownst to the Cassirer family or the German government, the Pissarro was not lost. In 1951, it was acquired by a California gallery owner, who sold it to a Los Angeles collector.

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Tort Court Laws Litigation 128

The Fashion Law

JULY 19, 2021

and Costco have settled their long-running lawsuit over the warehouse chain’s sale of “Tiffany” rings that were not made or authorized by the famed New York jewelry company. for willful trademark infringement and counterfeiting – and remanded the case back to the district court for a new trial. Tiffany & Co.

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Manufacturing Court Cause of Action Education 61

Conflict of Laws

AUGUST 24, 2022

Each case has been reviewed and more details, such as the case numbers and causes of action, have been added. Renee M Wong, Attorney at Goldberger and Dubin PC (New York); Dr. WANG Yahan, Associate Professor, Henan University School of Law; Mr. Angus Ni, Litigation attorney at AFN Law PLLC (Seattle); Asian Business Law Institute.

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Compensatory Damages Punitive Damages Cause of Action Divorce 52

The Fashion Law

AUGUST 17, 2021

Coty and a handful of its highly-ranking officers and directors have managed to escape the proposed class action lawsuit that was waged against it last year for allegedly running afoul of U.S. District Court for the Southern District of New York agreed. Primarily, the court sided with Coty and co.

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Cause of Action Court Laws 55

The Fashion Law

JULY 30, 2021

Significantly, WGACA claims that Chanel has “proffered no evidence that any of WGACA’s ads has or is likely to cause consumer confusion.”.

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Manufacturing Cause of Action Court Laws 104

ClimateChange-ClimateLaw

MAY 12, 2023

In total, at least 25 cases have been filed in California, Colorado, Connecticut, Delaware, Hawai’i, Maryland, Minnesota, New Jersey, New York, Rhode Island, South Carolina, and Vermont. The plaintiffs strategically pled state law claims and refrained from adding federal causes of action to their cases.

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Court Court Decisions Government Laws 64