Yesterday, Judge Schofield ruled that a claim for declaratory relief to prevent the White House and President Donald Trump from revoking or threatening to revoke White House press credentials could proceed.  The case was brought by PEN America Center, a nonprofit of association of media professionals, claiming that these threats chilled First Amendment rights for journalists (specifically CNN’s Jim Acosta) and also prevented PEN and its members from receiving information that would have been provided…

Two complaints filed this week presented putative class action claims on behalf of former campaign field organizers hired by former New York City mayor and presidential candidate Michael Bloomberg.  The first complaint claims that the staffers were promised employment through the November 2020 presidential election (even if Bloomberg dropped out of the race), but were then terminated shortly after the March 4, 2020 “Super Tuesday” primaries. The second complaint describes the situation as follows:…

In an opinion today, Judge Swain concluded that it was “fair use” for to the makers of the NBA 2K video games to depict players’ tattoos (see our prior coverage here). Judge Swain had earlier concluded the fair use defense was not enough to dismiss the case on the pleadings, but, following discovery, today concluded that summary judgment was appropriate.  She found that the factors used in determining fair use all favored the video…

In the evolving coronavirus situation (see our prior posts here), SDNY has yet again tightened courthouse restrictions, with a new set of protocols effective tomorrow at 9:00 a.m.  In-person criminal matters are limited to new arrests, arraignments, bail appeals, and emergency matters, and spectators “will be required to sit in designated seats in order to preserve social distancing procedures.” Civil matters “will proceed at the discretion of the individual Judge,” but “[i]n-court appearances will…

In an opinion Friday, Judge Schofield dismissed a RICO complaint alleging that “North Korean hackers stole $101 million from Plaintiff Bangladesh Bank’s New York Federal Reserve account and then transferred and dispersed the money to Defendants’ bank accounts and casinos in the Philippines.” The central flaw was the lack of a “pattern” of racketeering activity, as opposed to one-off, more focused wrongdoing that would have to be pursued under legal theories other than RICO: [The]…

In an Order yesterday, Chief Judge McMahon, going beyond last week’s order, limited courthouse access to, essentially, those that have a concrete reason to be there in person.  Specifically, the Order allows only for the following groups to enter the courthouse: Persons who have been ordered to appear by any judge of the Southern District of New York; Persons who have been directed to appear by the Probation Office or by Pretrial Services; Debtors,…