In an opinion today, Judge Engelmayer dismissed all claims brought by retired Jets defensive end Mark Gastineau against the makers of the “30 for 30” documentary about the Jets 1980 defensive line, colloquially known as the “New York Sack Exchange.” Gastineau’s main grievance was that the documentary misleadingly portrayed a tense interaction with Brett Favre, who Gastineau accuses of taking a “dive” in 2001 so that Giants defensive end Michael Strahan could eclipse Gastineau’s single-season sack record. According to Gastineau, the incident was deceptively edited to omit context showing that, in fact, he harbored no animosity towards Favre.
Continue Reading Judge Engelmayer: Former “New York Sack Exchange” Defensive End Cannot Sue Over Allegedly Misleading ESPN DocumentaryBreach of Contract
Judge Cote: COVID-19 Pandemic is a “Natural Disaster” for Purposes of Contractual Force Majeure Clause
By Jason Meade on
In a decision last week, Judge Cote ruled that the COVID-19 pandemic qualified as a “natural disaster” that fell within the scope of a contractual force majeure clause. The defendant auction house had agreed to auction a painting owned by the plaintiff and pay it a guaranteed minimum price, but invoked its right to terminate the agreement after the auction was postponed by the COVID-19 pandemic and related government restrictions.
The force majeure clause applied in the event of “circumstances beyond our or your reasonable control, including, without limitation, as a result of natural disaster, fire, flood, general strike, war, armed conflict, terrorist attack or nuclear or chemical contamination.” Judge Cote held that the pandemic was “a circumstance beyond the parties’ reasonable control” and a “natural disaster”:Continue Reading Judge Cote: COVID-19 Pandemic is a “Natural Disaster” for Purposes of Contractual Force Majeure Clause
Judge Román Allows Dispute Over Irish Whisky Supply Agreement to Go Forward
By Matthew Popowsky on
In an opinion issued today, Judge Román denied the motion by Beam Inc. and Cooley Distillery to dismiss claims brought by Sidney Frank Importing Co. over a once-successful but now defunct whiskey importing arrangement. In 2004, Sidney Frank, the U.S. importer of Jägermeister and the creator of Grey Goose vodka, had contracted with Cooley, …
Breach of Contract Case Hangs on Definition of “Channel”
By Max Greenwald on
In an order filed Monday, Judge Forrest denied summary judgment in what she initially called a “relatively straightforward breach of contract case” where the only issue to determine at trial was the amount of damages owed by the defendant. VoiceAge Corp., a developer of speech and audio compression technologies sued Defendant RealNetworks, Inc., an internet streaming media service known for its RealPlayer application, for unpaid royalties in New York State Court. The case was moved to federal court last summer based on diversity. Expounding on the complexities of the case, Judge Forrest stated that “[b]ased on the submissions now before the Court, it is clear that there is a factual dispute between the parties as to (1) whether royalties are properly calculated on a per download or a per channel basis, and (2) whether there is a difference between what constitutes a ‘download’ and what constitutes a ‘channel’ for purposes of that calculation.”
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Judge Kaplan Allows Claims by Music Group “Toto” to Proceed Against Sony Music
By Jessica Holloway on
Judge Sullivan Awards Merrill Lynch $146 Million in Contract Action Against Swap Counterparty
By Charles Michael on
Judge Sullivan issued an opinion yesterday with his findings and conclusions after a breach of contract bench trial in which Merrill Lynch Capital Advisors sued its swap counterparty and a guarantor for $146 million. The principal question at trial was whether the individuals signing the contracts had the authority to do so.
Continue Reading Judge Sullivan Awards Merrill Lynch $146 Million in Contract Action Against Swap Counterparty