Tag Archives: Judge Castel

Judge Castel Upholds New York’s “Ballot Selfie Ban” After Bench Trial

Today, Judge Castel formally upheld New York State’s “ballot selfie ban” at the conclusion of a bench trial.  The ruling comes after Judge Castel denied a preliminary injunction shortly before the November 2016 election (see our previous coverage here). Considering whether the law violated the First Amendment, Judge Castel found that the law survived strict scrutiny because … Continue Reading

Second Circuit Revives “Small Group Defamation” Claim By Fraternity Against Rolling Stone

In an opinion this week by Judge Forrest (sitting by designation), the Second Circuit reversed in part Judge Castel’s dismissal (covered here) of claims brought by a University of Virginia fraternity against Rolling Stone magazine over a widely discredit article telling the story of a source named “Jackie” being gang raped at a fraternity party. The Second … Continue Reading

Judge Castel Denies Injunction Against Enforcement of “Ballot Selfie” Ban

Today, Judge Castel denied an attempt to enjoin the enforcement of New York’s Election Law § 17-130, or the so-called “ballot selfie” ban.  Judge Castel found that the state’s interest in protecting against voter fraud and intimidation by preventing voters from revealing the content of their ballots (even if through Instagram) was a reasonable First Amendment … Continue Reading

Sixth Circuit Echoes Judge Castel’s Timing Concern in Refusing to Immediatly Enjoin “Ballot Selfie” Ban

In an opinion this afternoon, the Sixth Circuit refused to block Michigan’s “ballot selfie” ban, and, in doing so, echoed the very same concern from Judge Castel on Wednesday (covered in this post, immediately below), about delay in bringing suit: One hundred and twenty-five years ago, Michigan enacted a law designed to protect the secret … Continue Reading

Judge Castel Expresses Skepticism of Delay in Application to Enjoin “Ballot Selfie” Ban

On Wednesday, a new complaint sought a TRO and preliminary injunction against a law banning so-called “ballot selfies” on the ground that the law violates the First Amendment.  According to the complaint, “Taking a photograph of a filled out ballot is a powerful political statement that demonstrates the importance of voting. Without the photograph, the message … Continue Reading

Judge Castel Dismisses RICO Claims in Case Over Alibaba Selling Counterfeit Goods

Today, Judge Castel dismissed RICO claims brought against Alibaba Group Holding by a group of luxury goods makers including Gucci and Yves Saint Laurent.  The complaint accused Alibaba of providing services and a market platform to merchants that Alibaba should have known were selling counterfeit goods. Judge Castel specifically considered the plaintiffs’ claims that Alibaba’s … Continue Reading

Judge Castel Rules Rolling Stone Article on UVA Rape Did Not Defame Fraternity Members

In an opinion Tuesday, Judge Castel dismissed a case brought by three fraternity members against Rolling Stone magazine and one of its writers, Sabrina Erdely, who authored a discredited account of a woman referred to as “Jackie” claiming to have been gang raped at a fraternity at the University of Virginia. Judge Castel found that the … Continue Reading

Judge Castel Rules 10(b) Claims Are Limited to Buyers and Sellers, Even in Injunction Cases

In an opinion dated yesterday, Judge Castel dismissed a suit challenging the proposed merger between a Chilean bank (Itau) and a Brazlian bank (CorpBanca) because the plaintiff, Cartica, was not a “purchaser” or “seller” in relation to the alleged fraud.  It was merely a stockholder. In doing so, he took one side of an issue … Continue Reading

Judge Castel Refuses to Lift PSLRA Discovery Stay in Suit Challenging Bank Merger

In an Order dated Friday, Judge Castel denied the motion of an investor, Cartica, to lift the automatic PSLRA discovery stay in Cartica’s suit challenging the proposed merger between a Chilean bank (Itau) and a Brazlian bank (CorpBanca). Cartica claims that the disclosures to investors were incomplete and misleading, and sought limited discovery in advance … Continue Reading

In Beastie Boys Case, Judge Engelmayer Limits Lanham Act Damages to Cases of Willful Violations or Actual Confusion; Excludes Expert Testimony Failing “Laugh Test”

Judge Engelmayer issued an opinion yesterday resolving several motions in limine relating to an upcoming trial concerning the Beastie Boys’ suit accusing the makers of Monster Energy drinks of using Beastie Boys songs in promotional videos without authorization. Judge Engelmayer largely denied the Beastie Boys’ motion to exclude the testimony of Erich Joachimsthaler, a branding … Continue Reading

Class Action Plaintiffs Contend Bank of America-Merrill Proxy Claims Reflect Direct Shareholder Injury

In the class action alleging that Bank of America’s proxy statement for the Merrill merger failed to disclose massive expected losses at Merrill, the plaintiffs filed on Friday a 102-page omnibus opposition to the series of summary judgment motions we covered previously. In response to the principal defense argument — that any failure to disclose … Continue Reading

Judge Castel Considers Delaying Approval of Bank of America Derivative Settlement Pending Securities Class Action Trial

In a case we have followed closely, the parties to the derivative claims against Bank of America’s directors and officers relating to the Merrill Lynch and Countrywide acquisitions told Judge Castel today that they had executed a definitive settlement agreement, presumably reflecting the $20 million agreement in principle disclosed in April. In an interesting twist, … Continue Reading

Bank of America Derivative Settlement Challenged by Lawyers in Parallel Delaware Action

The proposed settlement of a derivative suit before Judge Castel concerning Bank of America’s acquisitions of Countrywide and Merrill Lynch is being challenged by lawyers in a parallel case in Delaware state court. The parties to the federal case told Judge Castel on April 12 that they had settled. The next day, the Delaware lawyers … Continue Reading
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