Tag Archives: Standing

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 Batts: Investors in Madoff Feeder Fund Lack Standing to Sue Fund Managers and Auditors

In an opinion yesterday, Judge Batts dismissed claims by investors in a Madoff feeder fund against the fund’s managers and auditors because, under the law of the British Virgin Islands (where the funds were organized), only the fund had standing to assert the claims. If fact, she noted, similar claims against the same defendants are … Continue Reading

Judge Karas Refuses to Dismiss Dog Owner’s Claim to Have Been Duped Over Bacon Content of “Beggin’ Strips”

Last week, Judge Karas denied in part a motion to dismiss a putative class action against Nestle Purina, maker of the “Beggin’ Strips” line of dog treats.  The suit, on behalf of New York consumers who purchased the treats, alleged that Nestle Purina’s advertisements created the impression that bacon was a key ingredient in the … Continue Reading

Judge Abrams Rejects Neighbor’s Claim that Apple Store Is a Nuisance

In an opinion yesterday, Judge Abrams dismissed a suit by an Upper East Side resident complaining about the opening of an Apple Store “eighty-seven and one-half” feet from his home.  The plaintiff claimed that “there will be a massive increase in pedestrian traffic,” that “the very existence of an Apple store creates and multiplies crowds,” … Continue Reading

Judge Nathan: Government Workers Cannot Sue Over Terrorism Fears Arising from Being Relocated to WTC

In an opinion yesterday, Judge Nathan rejected a complaint brought by federal employees who are set to be located from 26 Federal Plaza to One World Trade Center.  They claim the new lease is illegal, and that the move would harm them because (among other reasons) they fear their new office will be attacked.  Judge Nathan … Continue Reading

Judge Scheindlin Urges Congress to Adopt Process to Certify Novel Questions of Foreign Law

In an opinion yesterday, Judge Scheindlin dismissed for lack of standing claims brought by a plaintiff (“FTE”) claiming that the defendants had misappropriated trademarks to the Stolichnaya vodka brand.  The Second Circuit held last year that FTE lacked standing, and the Russian Federation thereafter issued a degree apparently aimed at curing the issue.  Judge Scheindlin’s … Continue Reading
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