Tag Archives: Judge Engelmayer

Judge Engelmayer Denies Class Certification for Medical Record Copying Claims, But “Stands Ready” to Approve Narrower Class

Judge Engelmayer denied yesterday a motion for class certification against a medical records copying firm accused of charging a price beyond the statutory limit.  HealthPort Technologies, LLC retrieved and photocopied patient records at the rate of 75 cents per page (the statutory limit set by New York Public Health Law § 18 for recovering “costs incurred”) but … Continue Reading

Judge Engelmayer: Lawyers Using Confidential Witnesses in Complaints Should Confirm Their Testimony and Warn of Risks of Being Outed

In an opinion today allowing a securities class action to be dismissed without prejudice, Judge Engelmayer expressed concern about the lawyers using confidential witnesses in complaint without confirming the accuracy of the statements attributed to them or warning the witnesses that their identity might have to be revealed. On the first point, the complaint’s 11 … Continue Reading

Judge Engelmayer Rejects Class Certification Premised on Extra Shares Being “Secretly” Available and Depressing Price

In an opinion today in a securities fraud case, Judge Engelmayer denied a class certification motion that was based on a somewhat novel theory:  the plaintiffs allege that insiders of a company called SmartHeat publicly touted a “lockup” restricting their ability to sell shares, but then secretly “unlocked” those shares, thereby causing extra shares to … Continue Reading

Judge Engelmayer Throws Out Patent Infringement Suit Over Computerized Diet Planner

In an opinion issued today, Judge Engelmayer granted Bravo Media’s motion for summary judgment against DietGoal innovations, the holder of a patent for a “computerized method and system for diet-related behavior analysis, training, and planning.” As Judge Engelmayer explained: [T]he claims of the ’516 Patent, viewed as a whole, recite nothing more than “the concept … Continue Reading

Judge Engelmayer Rules that Law Review Article Discussing Dismissed Allegations of Discrimination Is Not Defamation

In an opinion issued today, Judge Engelmayer dismissed defamation and false-light invasion of privacy claims brought against a law professor who wrote a law review article (and gave a related lecture) about sexual discrimination in the workplace.  The article and lecture by Professor Zachary Kramer, titled “Of Meat and Manhood,” discussed problems with courts’ treatment … 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

In Antitrust Challenge to Blanket Music License Program, Judge Engelmayer Allows Narrowed Claims to Proceed

In an opinion today, Judge Engelmayer granted in part and denied in part the summary judgment motion of SESAC, a company that, similar to BMI and ASCAP, offers the blanket music licenses that allow TV stations to broadcast programs that contain copyrighted music.  The TV station plaintiffs allege that the SESAC charges exorbitant prices for … Continue Reading

Judge Engelmayer Rejects Challenge to New York City Discounting Tolls For Certain Residents

The New York City transit system offers residents of Staten Island, the Rockaways, and Broad Channel discounts on the tolls they pay to cross their local bridges, and, in an opinion yesterday, Judge Engelmayer rejected various constitutional challenges to the policy from commuters who don’t get the discounts.  For example, he concluded that the policy did … Continue Reading

Judge Engelemayer Dismisses Putative Class Action Against S&P on SLUSA, Other Grounds

In an opinion issued today, Judge Engelmayer dismissed a putative class action lawsuit brought against rating agency Standard & Poor’s for allegedly fraudulent misstatements contained in its ratings of Fannie Mae preferred stock. The plaintiffs had alleged that S&P’s high ratings of the stock had induced them to buy. Judge Engelmayer dismissed the plaintiffs’ state … Continue Reading

Judge Engelmayer Rules Chesapeake Can Redeem $1 Billion in Notes Early

Judge Engelmayer yesterday ruled, following a bench trial, that Chesapeake Energy could redeem over $1 billion in notes. The central question was whether Chesapeake was required to complete the redemption in a specified contractual window — effectively requiring the process to begin beforehand — or whether notice in the timeframe would suffice. (For our prior … Continue Reading

Starr Lawsuit Against NY Fed Over AIG Bailout Dismissed

Judge Engelmayer has dismissed a $25 billion lawsuit filed by insurance company Starr International against the Federal Reserve Bank of New York over its 2008 bailout of AIG.  Starr, which owned about 12 percent of AIG and is run by former AIG CEO Hank Greenberg, had alleged that the Fed assumed a fiduciary role at AIG … Continue Reading
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