In an opinion Friday, Judge Subramanian denied toymaker Wham-O’s renewed motion for an ex parte temporary restraining order against a slate of anonymous online sellers marketing “Hula Hoop”-labeled products, holding for the second time that Wham-O hadn’t shown a likelihood
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Magistrate Judge Stein: Requirement To Produce Documents Under A Party’s “Control” Can Mean Threatening to Fire Your Own Lawyer
In an opinion today, Magistrate Judge Stein concluded that a party’s obligation to produce documents held by an attorney or other agent can require threat of termination as leverage to get an uncooperative agent to hand them over.
The discovery…
Judge Carter: Ghost-Gun Retailer Not Entitled to Coverage of Lawsuits Brought by NY State Due to Foreseeable Harm
On Tuesday, Judge Carter granted summary judgment to defendants Granite State Insurance Company and Berkshire Hathaway Specialty Insurance Company against plaintiff KM Tactical, LLC in an insurance coverage suit. KM Tactical had sued defendants for coverage or indemnification against government…
Semafor Quotes Cari Stinebower on Trump Administration's Venezuelan Oil Investment
Judge Cronan: First Amendment “Poses No Obstacle” to New York Requiring Disclosure of X’s Content-Moderation Policies
On Wednesday, Judge Cronan dismissed with prejudice X Corp.’s complaint against Letitia James, in her official capacity as Attorney General of New York, for failure to state a claim. X Corp. alleged that the Content Category Report Provisions of New…
Judge Buchwald: Online Staffing Agency’s “Drip Pricing” Model of Adding Service Fees at Check Out Is Not Deceptive
On Friday, Judge Buchwald dismissed a proposed class action against online staffing agency Fiverr, an online platform connecting freelance service providers to customers. Three individuals alleged that Fiverr’s presentation of service fees is a deceptive practice under New York and…
Judge Ramos: Speculative Causal Chain Dooms Suit Seeking To Hold Equestrian Governing Body Responsible For Shooting
In an opinion yesterday, Judge Ramos dismissed a suit brought by a well-known dressage coach, Michael Barisone, against the United States Equestrian Federation based on the events that led Barisone to shoot a former student, Lauren Kanarek, and that were…
Judge Schofield: A Cease-and-Desist Letter Plus a $10 Million Licensing Pitch Is Enough to Haul a California Volleyball Brand Into New York Court
In an opinion Wednesday, Judge Schofield ruled that there was New York jurisdiction over a declaratory judgment action that a New York retailer, Rag & Bone, brought in response to trademark threats from a California volleyball company, Miramar Brands Group,…
Judge Carter Dismisses Novo Nordisk’s False Advertising Claims, Finding Statements About Compounded GLP-1s Were Susceptible To An Accurate Reading
On Friday, Judge Carter granted defendant Zealthy Inc.’s motion to dismiss claims brought by Novo Nordisk under the Lanham Act and New York General Business Law. Novo Nordisk alleged that Zealthy, which markets compounded GLP-1 medications, falsely represented to consumers…
Judge Cronan: Trump’s Religious Liberty Commission Need Not Have “Perfect” Balance
In an opinion Monday, Judge Cronan dismissed a challenge brought by a coalition of interfaith advocacy groups to the composition of President Trump’s Religious Liberty Commission (the “RLC”), rejecting arguments that the fourteen-member body—which includes Evangelical, Catholic, and Orthodox Jewish…
