Tag Archives: Judge Daniels

Judge Daniels Narrows Trademark Case Against Company Offering “Frozen Themed” Costumed Characters for Children’s Parties

Last week, Judge Daniels granted in large part a summary judgment motion that Characters For Hire, a company that provides costumed characters for children’s events, had filed in response to trademark, unfair competition and and similar claims.  According to the plaintiffs (Disney, Marvel, and Lucasfilm), Characters for Hire’s costumes, including ones named “Frozen Themed,” “Avenging Team,” … Continue Reading

Judge Daniels Dismisses Case Against Fox News Over Alleged Conspiracy Theories for DNC Staffer’s Death

Yesterday, Judge Daniels dismissed a complaint filed by the family of murdered DNC staffer Seth Rich against Fox News, which alleged that Fox News and two contributors intentionally exploited the murder of DNC staffer Seth Rich during the 2016 election season.  According to the complaint,  Rich was murdered in Washington in what authorities believed was … Continue Reading

Fox News Sued for Allegedly Peddling Conspiracy Theories About Murdered DNC Staffer

A complaint this week alleges that Fox News and two contributors intentionally exploited the murder of DNC staffer Seth Rich during the 2016 election season.  Rich was murdered in Washington in what authorities believed was a botched robbery; the complaint alleges that Fox News reported a false story that Rich had been murdered after leaking thousands … Continue Reading

Judge Daniels Dismisses Emoluments Case Against President Trump on Standing Grounds

In an opinion today, Judge Daniels dismissed on standing grounds a suit challenging President Trump’s business dealings under the so-called Foreign and Domestic Emoluments Clauses in the U.S. Constitution  (see our prior coverage here).  Judge Daniels concluded that the alleged “competitive injury” suffered by the “Hospitality Plaintiffs” who compete with President Trump’s hotels was not sufficient, … Continue Reading

Complaint: Call of Duty Video Game Infringes Trademarks by Pervasively Featuring Humvees

In a complaint filed yesterday, the makers of Humvee branded vehicles (AM General) accused the makers of the Call of Duty video games of trademark infringement (and of related violations) because the games prominently feature Humvees: Defendants have used and continue to use AM General’s trademarks and trade dress in advertising and promotion of their … Continue Reading

Opposition Brief: Trump’s Emoluments Argument Has “No Support in Two Centuries of History”

Citizens for Responsibility and Ethics in Washington (CREW) and other plaintiffs responded Friday to President Trump’s motion to dismiss their case to enforce the Constitution’s Emoluments Clause.  President Trump argued that the clause, which prevents government officers from receiving gifts from foreign countries, was never intended to cover the president’s private business dealings unrelated to his office or service to a … Continue Reading

Judge Daniels Denies Motion to Dismiss Challenge to Delays in Bronx Criminal Court

In an opinion last week, Judge Daniels denied a motion to dismiss a case alleging that extreme delays in the Bronx Criminal Court system violated the constitutional guarantee of a speedy trial.  While Judge Daniels found that the named plaintiffs lacked standing because their cases had been resolved, Judge Daniels allowed 30 days for the … Continue Reading

Class Action Complaint Challenges Court Delays in Bronx Criminal Court

A class action complaint filed yesterday against Governor Andrew Cuomo and others challenges as unconstitutional the allegedly lengthy delays for adjudicating cases before New York City’s Criminal Court for Bronx County.  According to the complaint, a single case often requires dozens of court appearances and years of time to adjudicate — on average, 642 days for bench trials … Continue Reading

Judge Daniels Dismisses ERISA Suit Against JP Morgan Over “London Whale”

In an opinion Friday, Judge Daniels dismissed an ERISA case brought by JP Morgan employees who invested in a company retirement fund of company stock and who allege that the company concealed multibillion dollar trading losses made by the so-called “London Whale.”  Judge Daniels had dismissed the case earlier (see here), but it was revived … Continue Reading

Judge Daniels Agrees With Judge Buchwald That Rate Manipulation Does Not Create Antitrust Injury

In a decision Friday dismissing antitrust claims arising from the alleged manipulation of Euroyen TIBOR and Yen-LIBOR rates, Judge Daniels agreed with Judge Buchwald — who dismissed similar allegations regarding LIBOR rates (see our post here) — that fixing rates does not give rise to antitrust injury because the process of establishing interest rate indexes … Continue Reading