18 results for 'judge:"Failla"'.
J. Failla denies the crypto-asset trading platform's motion to dismiss the SEC's suit accusing it of violating federal securities laws by offering its services without registering with the SEC as an exchange, broker, or clearing agency. Many of the transactions on Coinbase's platform constitute "investment contracts," which federal securities laws have long recognized as securities subject to SEC regulation. However, Coinbase is entitled to dismissal of the claim that it acts as an unregistered broker by making its Wallet application available to customers.
Court: USDC Southern District of New York, Judge: Failla, Filed On: March 27, 2024, Case #: 1:23cv4738, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Agency
J. Failla partially grants the defendants' motion to dismiss investor claims that they misrepresented the value of their interests in a solar company in order to buy the investors' stake for $105 million, only to turn around and sell their collective interest for over $1 billion a year later. The parties' contract waives any right for investors to claim they were fraudulently induced into signing the sale agreement. However, the agreement does not bar claims against non-party affiliates, or non-fraud claims against the company.
Court: USDC Southern District of New York, Judge: Failla, Filed On: March 25, 2024, Case #: 1:23cv2172, NOS: Other Contract - Contract, Categories: Fraud, Contract
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J. Failla dismisses RICO claims against the defendant metal importers but sustains the breach of contract claims in a lawsuit alleging a group of importers schemed to obtain aluminum steel from the manufacturer without paying for it. The fraud claim is duplicative of the breach of contract claim because the alleged misprepresentations were not extraneous to the contract, but at the heart of the manufacturer's belief the contract would be paid in full by a third party.
Court: USDC Southern District of New York, Judge: Failla, Filed On: January 26, 2024, Case #: 1:22cv1928, NOS: Other Contract - Contract, Categories: Fraud, Contract, Racketeering
J. Failla sanctions plaintiff's attorneys for their repeated noncompliance with the court's discovery orders in a suit accusing Bob Dylan of child sexual abuse six decades ago. Dylan may still pursue monetary sanctions against the attorneys despite the plaintiff's dismissal of her own action, with prejudice, because Dylan suffered reputational damage as a result of the lawsuit, yet his accuser never produced any responsive materials in discovery.
Court: USDC Southern District of New York, Judge: Failla, Filed On: September 28, 2023, Case #: 1:22cv323, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Sanctions, Assault
J. Failla denies Amtrak's motion to dismiss patent claims asserting that it infringed the plaintiff company's train traffic control system designed to ensure railway workers are out of the path of incoming train traffic. The asserted patents shall be treated as valid at this stage of litigation because they do not simply describe a process for achieving an abstract end, but modify traditional centralized railroad control systems by dividing control between dispatchers and workers in the field.
Court: USDC Southern District of New York, Judge: Failla, Filed On: August 23, 2023, Case #: 1:22cv5013, NOS: Patent - Property Rights, Categories: Patent
J. Failla finds for Viacom in a copyright action filed by the owner of a registered copyright in a show entitled "House Party," which he pitched to Viacom in 2015 in the hopes of airing the show on the Black Entertainment Television Network. BET launched its own "House Party" series in 2020, but the copyright owner cannot rest his claim on the fact that both shows portray intimate livestreamed music performances. Numerous aesthetic decision in the copyright owner's work are not present in the BET series.
Court: USDC Southern District of New York, Judge: Failla, Filed On: August 10, 2023, Case #: 1:21cv1214, NOS: Copyrights - Property Rights, Categories: Copyright
J. Failla partially denies the S&P's motion to dismiss this "double-pronged" antitrust and copyright action stemming from the agency's administration of the CUSIP Service Bureau, which creates numeric identifiers for each specific U.S. security. The investors sufficiently allege that the S&P's policy of allowing third-party vendors to distribute data only to users who have signed subscription agreements may be intended purely to eliminate competition.
Court: USDC Southern District of New York, Judge: Failla, Filed On: July 14, 2023, Case #: 1:22cv1929, NOS: Antitrust - Other Suits, Categories: Antitrust, Copyright, Securities
J. Failla denies the defendant television developer's motion to dismiss a copyright action stemming from its production of a police reality show called "On Patrol: Live," which the plaintiff developer claims is virtually identical to a show the parties collaborated on together called "Live PD" which was taken off the air after the death of George Floyd. The complaint plausibly alleges the two shows serve the same purpose, and there is unquestionably probable consumer confusion as shown by tweets showing viewer excitement that Live PD is back on the air.
Court: USDC Southern District of New York, Judge: Failla, Filed On: June 16, 2023, Case #: 1:22cv7411, NOS: Copyrights - Property Rights, Categories: Communications, Copyright