43 results for 'court:"USDC Rhode Island"'.
J. McConnell denies the insurer's motion for summary judgment on its action seeking declaratory judgment it has no obligation under the $1.89 million consent judgment awarded to the models who alleged the covered adult entertainment club included images of them in its advertisements without their consent. The models have shown evidence of the insurer's dilatory conduct, ambiguity in its coverage and strategic silence.
Court: USDC Rhode Island, Judge: McConnell, Filed On: March 26, 2024, Case #: 1:21cv63, NOS: Insurance - Contract, Categories: Evidence, Insurance
J. McElroy enters judgment in favor of the jewelry manufacturer on a competitor's allegations the prevailing manufacturer breached a contract by not transferring an exclusive license to make a certain type of jewelry to the companies' joint venture. A document granting the prevailing party to transfer this license was never produced. The prevailing party's 60-days’ notice was consistent with the contract and did not constitute an exit from the joint venture.
Court: USDC Rhode Island, Judge: McElroy , Filed On: March 22, 2024, Case #: 1:18cv551, NOS: Other Contract - Contract, Categories: Licensing, Contract
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J. McElroy grants summary judgment to the defendant YouTube content creator in the podcaster's suit alleging that he used copyrighted material in his videos without consent. The videos' use of function as criticism or commentary on the copyrighted material, and thus fall under fair use. A motion for sanctions against the podcaster is denied, since while the podcaster made "troublesome" statements about this litigation, they do not demonstrate that the litigation's purpose was harassment.
Court: USDC Rhode Island, Judge: McElroy, Filed On: February 22, 2024, Case #: 1:22cv90, NOS: Copyrights - Property Rights, Categories: Copyright, Sanctions
J. Suttell finds that the trial court improperly refused to rule on a father’s emergency motion for temporary orders since reasonable accommodations should be made for noncitizen defendants in global custody claims. However, the family court had subject matter jurisdiction over the case, and the father waived the issue of personal jurisdiction by consenting to jurisdiction. Affirmed.
Court: USDC Rhode Island, Judge: Suttell , Filed On: February 9, 2024, Case #: 22-265, NOS: Civil Rights - Habeas Corpus, Categories: Family Law, Jurisdiction
J. McElroy allows plaintiff to continue false arrest and malicious prosecution claims concerning his arrest for the 1988 murder of a 10-year-old girl because plaintiff sufficiently pleaded the arrest warrant included false and/or misleading statements and that he has suffered damaged due to the arrest, even after charges were dropped.
Court: USDC Rhode Island, Judge: McElroy, Filed On: September 28, 2023, Case #: 1:21cv46, NOS: Civil Rights - Habeas Corpus, Categories: Malicious Prosecution