Category Archive: Litigation

In this section of my blog, I will run an update on my court appearances and daily litigation cases. This is as much for me to see what I do on a daily basis as well as to give the lay public an idea of the activity of a NY litigator.

Apr 11 2012

Court Faults Prosecutor For Serious Misconduct But Allows Case To Proceed

A long time ago, I wrote an article entitled “The Constitution is Overrated” and friends and colleagues of mine who knew the admiration and passion that I have for this country’s grand document were surprised at the piece which faulted, not the document itself, but how courts have applied it; rarely, do courts give those …

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Apr 05 2012

Bar Owners Beware! Not Paying for Tunes Can Be Costly!

Infringement machine?

Owners of bars, nightclubs, restaurants and other venues that play background music or have live music at their establishments should take note of the Ninth Circuit’s decision last month in Range Road Music v. East Coast Foods where it held up a large award against a restaurant that refused to pay a licensing fee for …

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Apr 02 2012

Bloggers Lawsuit Against HuffPo Dismissed

Jonathan_Tasini

Last Friday, Judge John Koetl of the Southern District of NY threw out a purported $105 million lawsuit brought against the Huffington Post by a class of unpaid bloggers. The lead plaintiff was political gadfly Jonathan Tasini who has mounted several unsuccessful campaigns for federal office, against Hillary Clinton, Charles Rangel and Kirsten Gillibrand. Having …

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Mar 30 2012

Louis Vuitton Wins Big in Knock-Off Case That Awarded Attorney’s Fees On Top of Statutory Damages

The classic LV  trademark design

Famed handbag maker and design house stalwart Louis Vuitton won a major victory yesterday in the Second Circuit, the Federal Appeals court covering cases arising out of New York, Connecticut and Vermont. In a potentially game-changing decision, Louis Vuitton Malletier, S.A. v. LY, USA Inc. et al , the court settled an unclear issue in …

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Mar 21 2012

Law Students Hit With Harsh Reality as Court Dismisses Lawsuit Against Their Former Law School

As a graduate of New York Law School and an adjunct professor there for the past seven years, I was following with interest a lawsuit filed by several NYLS grads against the school. Their claim was that NYLS engaged in false and misleading marketing when it posted its graduate’s employment information and that this false …

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