In a complaint filed this week, the promoter representing former heavyweight boxing champion Anthony Joshua has sought a declaratory judgment allowing Joshua’s promoter to select the site of a rematch bout with reigning champion Andres Ruiz. According to the complaint, Ruiz was asked to serve as a last-minute substitution for a June 1, 2019 fight
Judge Castel
Judge Castel: Plaintiffs Fail to State Claim Against Ja Rule for Fyre Festival
By Michael Keough on
This week, Judge Castel dismissed claims against Jeffery Atkins (better known as Ja Rule) over his role in the disastrous 2017 Fyre Festival (see our previous post here).
Judge Castel held that, while tweets and Instagram posts could be considered material misrepresentations, plaintiffs failed to plead a fraud claim because they did not allege…
Judge Castel: Attorney Review of Draft Corporate Documents Is “Prudent,” Not “Subterfuge” to Evade Discovery
By Charles Michael on
In an opinion yesterday, Judge Castel denied in part a motion to compel certain drafts of sales and marketing documents withheld as privileged in an antitrust case. The plaintiff argued that the attorneys were not providing legal advice but, instead, “‘scrubbing’ or ‘vetting’ these documents ‘to avoid having a jury see the unvarnished truth.” Judge Castel disagreed, and emphasized that it is perfectly appropriate for lawyers to review documents before any wider circulation:…
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Ja Rule: Social Media Posts Do Not Create Liability for Failed “Fyre Festival”
By Michael Keough on
Last week, Jeffrey Atkins (better known as Ja Rule) asked Judge Castel to dismiss claims against him stemming from the “Fyre Festival,” a 2017 music festival in the Bahamas that descended into chaos after organizers were unable to deliver the luxury accommodations, celebrity chefs, and musical acts that attendees were expecting (see NYT coverage here). Plaintiffs accused Atkins specifically of making two social media posts upon which the plaintiffs relied – promising that the festival would be “the biggest FOMO-inducing event of 2017” and promising attendees the day before the festival that “the stage is set” (see complaint here).
In his motion to dismiss, Atkins argued that these two posts were the only statements upon which plaintiffs could even have claimed to relied, as other statements by Atkins did not become publicly known until after the festival occurred:…
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Judge Castel Upholds New York’s “Ballot Selfie Ban” After Bench Trial
By Michael Keough on
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…
Second Circuit Revives “Small Group Defamation” Claim By Fraternity Against Rolling Stone
By Charles Michael on
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 Circuit found that the complaint made out a plausible claim of “small group defamation” :…
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Judge Castel Denies Injunction Against Enforcement of “Ballot Selfie” Ban
By Michael Keough on
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 restriction:…
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Sixth Circuit Echoes Judge Castel’s Timing Concern in Refusing to Immediatly Enjoin “Ballot Selfie” Ban
By Charles Michael on
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
…
Judge Castel Expresses Skepticism of Delay in Application to Enjoin “Ballot Selfie” Ban
By Charles Michael on
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…
Judge Castel Dismisses RICO Claims in Case Over Alibaba Selling Counterfeit Goods
By Michael Keough on
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 online marketplace and the merchants that used it constituted a criminal enterprise under RICO. Judge Castel rejected this argument, holding that lack the coordination necessary to create a RICO enterprise:…
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