Tag Archives: Judge Koeltl

Judge Koeltl Holds That Video Game Players Lack Standing to Challenge Use of Their Facial Images

Yesterday, Judge Koeltl dismissed a putative class action complaint against video game company Take-Two claiming that the company had improperly used facial recognition software.  The complaint alleged that the MyPlayer feature in Take-Two’s “NBA 2K15” and “NBA 2K16” games, which created an image of the game player’s face for a custom character in the game, violated Illinois’ … Continue Reading

Judge Koeltl: Swedish Foreign Ministry Immune from Chauffeur’s Discrimination Claims

In an opinion yesterday, Judge Koeltl dismissed discrimination and retaliation claims from a chauffeur for the Swedish foreign ministry, finding that the case did not fall within the “commercial” exception to sovereign immunity: In his capacity as a chauffeur, the plaintiff was responsible for transporting the Swedish Ambassador and the Ambassador’s family, Swedish diplomats and … Continue Reading

Judge Koeltl Rejects Trademark Protection for Small Plastic Squares that Close Bread Bags

In a trademark opinion yesterday, Judge Koeltl granted judgment following a bench trial in favor of a Dutch company, Schutte, that makes “bag closures”  — the “small plastic closures that are used to close bags of pastries, bread, and fruit.”  Schutte sought to cancel the trademark protection of the dominant U.S. maker of bag closures, Kwik … Continue Reading

Judge Koeltl: Movie Studio Had No Duty to Disclose “Wells” Notices Regarding Control Fight With Carl Icahn

In an opinion Friday, Judge Koeltl dismissed a shareholder class action against the movie studio Lions Gate.  The case concerned how the company disclosed an SEC enforcement action over how Lions Gate handled various transactions designed to ward off efforts by investor Carl Icahn for control.  The SEC action was ultimately settled for $7.5 million, and the … Continue Reading

Judge Koeltl Dismisses Securities Class Action Because Alleged Fraud Would Harm Creditors, Not Shareholders

In an opinion yesterday, Judge Koeltl dismissed a securities class action accusing various Dynegy officials of making false statements, and omitting material facts, concerning Dynegy’s attempt at a restructuring in 2011. One of the plaintiff’s theories was that Dynegy failed to tell shareholders that, while it was trying to restructure, the company was actually insolvent. … Continue Reading

Judge Koeltl Finds No RICO Standing For Claim That Competitor Gained Unfair Advantage by Defrauding Customers

In an opinion today, Judge Koeltl partly dismissed a RICO case accusing a home action company called Concierge of deceiving customers about its “auction results, sales statistics, and track records,” and engaging in “other fraudulent conduct such as using shill bidders, allowing bids from unregistered bidders, and adding a reserve at the last minute.” Judge … Continue Reading
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