Tag Archives: Judge Koeltl

In Dismissing DNC Case, Judge Koeltl Emphasizes First Amendment Right to Publish Material Stolen By Others

In an opinion Tuesday, Judge Koeltl dismissed the case brought by the Democratic National Committee and accusing the Wikileaks, the Trump Campaign and others of conspiring with Russia to steal DNC emails in 2016 so as to help President Trump’s election chances (see prior coverage here). Judge Koeltl dismissed a large portion of the case … Continue Reading

Cardozo Law Review Publishes Special Issue On Litigation Costs, Inspired by Judge Marrero Essay

The Cardozo Law Review has published a special issue, inspired by a 2016 essay from Judge Marrero entitled The Costs of Rules, the Rule of Costs, focusing on the way modern practice and procedure have needlessly made litigation so expensive and slow.  The special issue includes (among other things) a follow up article from Judge Marrero … Continue Reading

Judge Koeltl Allows DNC to Serve Wikileaks by Twitter

Last week, via a memo endorsement, Judge Koeltl granted the Democratic National Committee’s motion to serve Wikileaks by Twitter in the DNC’s case over the 2016 election hacks (see our coverage here). The DNC argued that “[w]hile WikiLeaks’ physical presence is difficult to discern, it has a robust online presence, including an active presence on … Continue Reading

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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