9 results for 'judge:"McElroy"'.
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
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
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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