18 results for 'judge:"Caproni "'.
J. Caproni grants the investment company's motion to dismiss breach of contract claims brought by a former U.S. Senator who claims he was never compensated for serving on its subsidiary's Board of Directors. According to the ex-Senator, he is entitled to a quarterly retainer of $20,000. However, there is no evidence to support the claim that the subsidiary and parent company operate as a single economic entity in order to pierce the corporate veil.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: April 22, 2024, Case #: 1:23cv9176, NOS: Other Contract - Contract, Categories: Corporations, Contract
J. Caproni finds for the news outlets in a copyright suit filed by a photographer over an Instagram post that featured a photograph of the case of Friends. A copyrighted photograph included in a social media post is transformative when the purpose is to report of comment on the post. Therefore, the news outlet's publication of the photo constituted fair use.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: April 1, 2024, Case #: 1:23cv1492, NOS: Copyrights - Property Rights, Categories: Copyright
J. Caproni denies the insurer's request for a declaratory judgment asserting it does not have to indemnify the restaurant in an underlying suit accusing a restaurant employee of assaulting a patron. There is conflicting evidence as to whether the assault was intentional or not. If the evidence shows that the patron's fall while being escorted out of the restaurant was not intentional, the insurer has a duty to defend.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: April 1, 2024, Case #: 1:23cv1198, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Caproni grants the defendant hospital's motion to dismiss trade dress infringement claims brought by a competitor in the New York City region stemming from an advertising change in 2021 when the defendant's advertisements began using white letters on a purple background, the same color scheme the plaintiff hospital has used for 100 years. The plaintiff hospital's description of its trade dress is too general and encompasses too many possible permutations to constitute a singular distinct trade dress. However, the hospital shall be permitted the opportunity to amend its complaint.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: March 1, 2024, Case #: 1:23cv5032, NOS: Trademark - Property Rights, Categories: Health Care, Trademark
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J. Caproni grants Warner Bros. motion to dismiss a securities class action alleging it made false and misleading statements in the offering materials ahead of its merger with Discovery. The investors have no alleged any actionable statements or omissions because the offering documents accurately explained the methodology the company used for calculating the number of subscribers to their streaming platforms, and Warner was not required to disclose it was changing its business strategy with respect to third-party licensing deals.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: February 5, 2024, Case #: 1:22cv8171, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Caproni finds for the U.S. on a couple's claims stemming from an incident where a military working dog inspecting a truck for explosives near Trump Tower in Manhattan bit the wife as she cycled past. There is no remedy for the Secret Service's failure to retire the dog, even though his handler reported the dog showed aggressive tendencies. New York law does not recognize a valid negligence claim stemming from an animal owner's negligence.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: July 7, 2023, Case #: 1:21cv7099, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence
J. Caproni denies the representative of the proposed class's motion for reconsideration of the court's granting Merrill Lynch's motion to exclude expert testimony as to the rep's seeking class certification in this action arising from a feature of Merrill Lynch's "self-directed" investment accounts allowing it to automatically move uninvested cash into a Bank of America money market account. The rep says the court holds the expert to too high a standard and that the pass-through methodology was intended to show that damages could be assessed on a class-wide basis but fails to demonstrate how the court erred when it analyzed expert reports using the Daubert standard for admissibility.
Court: USDC Southern District of New York, Judge: Caproni , Filed On: June 28, 2023, Case #: 1:19cv7998, NOS: Other Contract - Contract, Categories: Banking / Lending, Class Action, Contract
J. Caproni denies the law firm's motion to compel the removal of redactions in several email communications between the client and its new counsel in a legal malpractice action stemming from the sale of real property in New York City. The law firm has not shown that the client will rely on its communications with its new counsel to prove that the firm committed malpractice. Until the client relies on these communications to prove its case, the emails are entitled to privilege.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: June 12, 2023, Case #: 1:22cv8137, NOS: Other Contract - Contract, Categories: Privilege, Legal Malpractice
J. Caproni finds for the London silver dealers who set the daily price of silver bullion at a Walrasian auction in an antitrust suit. The investors do not account at all for the
presence of extraneous market forces, and therefore cannot prove that defendant's alleged manipulation of the silver market artificially depressed silver prices at the time of the investors' trades.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: May 22, 2023, Case #: 1:14cv9112, NOS: Antitrust - Other Suits, Categories: Antitrust