8 results for 'judge:"Wesley"'.
J. Wesley finds that the district court properly found for a luxury watchmaker accused of trademark infringement for ads containing the term "red gold," which luxury jewelry maker Solid 21 had trademarked more than a decade before, and which had been developed into an amber-hued brand denoting a combination of metals such as gold and copper, because evidence indicated the watchmaker's use of the term in advertisements and catalogues constituted a superior description and fell under fair use. Affirmed.
Court: 2nd Circuit, Judge: Wesley, Filed On: March 14, 2024, Case #: 22-366, Categories: Trademark
J. Wesley finds that the district court properly dismissed claims in which two investment firms contend the issuer of debt securities tried to change payment terms to get them to sell back their stake at a discount. The Trust Indenture Act did not apply because the stake was held via a private placement containing a "no action" clause. Affirmed.
Court: 2nd Circuit, Judge: Wesley, Filed On: January 31, 2024, Case #: 23-154, Categories: Securities
J. Wesley finds that the district court properly held that a mutual fund violated the Investment Company Act by amending bylaws to discourage activist investors. The amendment limited shareholders who possessed more than 10% of any closed-end investment fund to vote on the purchase of additional shares, while the Act requires equal voting rights for every share of common stock. Affirmed.
Court: 2nd Circuit, Judge: Wesley, Filed On: November 30, 2023, Case #: 22-407, Categories: Securities
J. Wesley finds that the district court properly found for federal agencies in claims challenging quotas designed to protect the summer flounder population from overfishing. The state sought a higher quota percentage because fish had migrated northward, but amendments to the rules of calculation accounted for such developments. Affirmed.
Court: 2nd Circuit, Judge: Wesley, Filed On: October 13, 2023, Case #: 22-1189, Categories: Administrative Law, Commerce, Environment
J. Wesley finds that the district court improperly certified a class of shareholders on remand of claims contending executives committed securities fraud in statements concerning the management of conflicts of interest at Goldman Sachs because shareholders did not establish a firm link between Goldman's corrective disclosures on conflict and prior alleged misstatements that caused stock prices to drop. Reversed.
Court: 2nd Circuit, Judge: Wesley, Filed On: August 10, 2023, Case #: 22-484, Categories: Fraud, Securities, Class Action
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J. Wesley finds that the bankruptcy court properly held Citigroup and Citibank in contempt for violating a discharge order secured by a debtor who voluntarily filed for Chapter 7 relief. The woman offered sufficient evidence that Citi refused to alert credit agencies to the discharge, leaving incorrect information of a “charge off” still owed in the hopes of coercing repayment anyway. However, the woman’s pursuit of class action for the contempt claim was improper because a bankruptcy court lacks authority to enforce the discharge orders of other bankruptcy courts. Affirmed in part.
Court: 2nd Circuit, Judge: Wesley, Filed On: August 2, 2023, Case #: 22-1000, Categories: Bankruptcy, Contempt, Class Action
J. Wesley finds that the district court properly convicted defendant based on his conditional guilty plea to possessing drugs with intent to distribute. Defendant contends a hearing should have been held on the validity of the warrant to search his residence since the warrant relied on a police affidavit containing knowingly false statements, but he offered little proof that police deliberately disregarded the truth. Affirmed.
Court: 2nd Circuit, Judge: Wesley, Filed On: June 8, 2023, Case #: 21-708-cr, Categories: Drug Offender, Search
J. Wesley finds that the district court improperly calculated compensatory damages at $284.8 million for trade secrets violations allegedly committed by a subcontractor after its servicing agreement soured with a party that licenses administrative software for health care insurance companies. The sum purportedly represented the subcontractor's avoided costs in research and development to compete for clients, but such far outweighed actual profits lost following misappropriation. The parties' amended servicing agreement did not alter the subcontractor's confidentiality obligations.
Court: 2nd Circuit, Judge: Wesley, Filed On: May 25, 2023, Case #: 21-1370, Categories: Trade Secrets, Damages