Tag Archives: Judge McMahon

New York Court of Appeals Answers Question First Raised by Judge McMahon: No Common Law Right of Public Performance For Pre-1972 Sound Recordings

Today, the New York Court of Appeals, in response to a question certified from the Second Circuit (after being certified for interlocutory review by Judge McMahon), held that New York common-law copyright law does not recognize a right of public performance for creators of sound recordings predating the 1972 federal Copyright Act.  The question was certified … Continue Reading

Makers of Sour Patch Kids Move to Dismiss Case Over Allegedly Under-Filled Boxes

This week, Mondelez Global moved to dismiss a putative class action led by a consumer who allegedly bought an under-filled container of Sour Patch Kids candy from a movie theater in Manhattan.  The complaint alleges that the candy’s labeling is misleading, as consumers purchased far less candy than they believed due to large amounts of empty … Continue Reading

New York Court of Appeals Will Hear Copyright Issue Judge McMahon Originally Certified for Interlocutory Appeal

The New York Court of Appeals has accepted a certified question from the Second Circuit regarding whether New York copyright holders for pre-1972 recordings (governed by state copyright law, and not the federal Copyright Act) have a right to exclusive public performance of those recordings.  The case, initially before Judge McMahon, arose after Sirius XM played songs by The Turtles (including the … Continue Reading

Judge McMahon Issues Injunction Allowing Subway Ads About Muslim Documentary

In a decision today, Judge McMahon granted a preliminary injunction allowing subway ads about a humorous documentary called “The Muslims Are Coming!”  The ads included statements such as: “The Ugly Truth About Muslims: Muslims have great frittata recipes,” and “Muslims invented Justin Timberlake.”  One reason the film producer (a company referred to as VQP) chose to … Continue Reading

Judge McMahon Grants Interlocutory Appeal of Case Challenging Sirius Radio’s Right to Broadcast Songs Predating 1972 Copyright Act

In an opinion today, Judge McMahon granted an interlocutory appeal on the following question: Under New York law, do the holders of common law copyrights in pre-1972 sound recordings have, as part of the bundle of rights attendant to their copyright, the right to exclusive public performance of those sound recordings? She concluded, under the … Continue Reading

Judge McMahon: Turtles’ Appearance as Guests on Sirius Radio Does Not Waive Copyright Claims

In an opinion  yesterday in the case challenging Sirius satellite radio’s ability to broadcast songs predating the 1972 copyright act (see prior posts here), Judge McMahon rejected Sirius’s argument that two members of the band the Turtles (known for “Happy Together” and other songs) gave Sirius and implied license, or otherwise waived their rights, by … Continue Reading

Judge McMahon Rules Against Sirius in Copyright Class Action Regarding Songs Predating 1972 Copyright Act

In an opinion Friday, Judge McMahon denied the satellite radio company Sirius’s motion for summary judgment in a proposed class action by members of the band The Turtles asserting New York common law copyright claims for songs recorded prior to the 1972 federal Copyright Act, which preempted later state law claims.  Further, since it appeared … Continue Reading

Judge Gardephe Allows DOJ to Proceed With Suit Accusing Novartis of Using “Sham” Speaker Events to Pay Doctors Kickbacks

In a 90-page opinion today, Judge Gardephe largely denied Novartis’ motion to dismiss a government suit alleging that it paid doctors kickbacks by hosting sham speaker events that allegedly “served as little more than upscale social outings designed to induce doctors to write prescriptions for Novartis drugs.”  He rejected Novartis’ argument that the complaint lacked … Continue Reading

Judge McMahon Issues Preliminary Injunction to Block Unauthorized Use of “NYC Pride” to Promote Competing Pride Week Events

In an opinion today, Judge McMahon preliminary enjoined a company called Matinee from using the phrase and logo “NYC Pride” to promote events that compete with those of the plaintiff, Heritage, the organizer of the LGBT’s community’s annual gay pride march and rally, which are scheduled for later this month. Matinee’s competing events include a … Continue Reading

Judge McMahon Allows Kickback Suit Against Novartis to Proceed

In an opinion today, Judge McMahon denied Novartis’ motion to dismiss the government’s False Claims Act suit (covered in this prior post), which accuses Novartis of giving certain specialty pharmacies  “rebates” — which the government considers kickbacks — to have them switch their patients to two Novartis drugs, Exjade and Myfortic.  The alleged scheme resulted … Continue Reading

Second Circuit Orders Release of Memo Discussing Legality of Drone Strikes

As we wrote about early last year, Judge McMahon reluctantly dismissed two FOIA suits seeking disclosure of a secret government memo addressing the legality of drone strikes on U.S. citizens.  Now, the Second Circuit has reversed that decision and ordered that the government produce the memo (known as the OLC-DOD Memorandum) in response to FOIA requests made … Continue Reading

Government Moves for Summary Judgment on Times, ACLU FOIA Request Lawsuit

Yesterday, the federal government moved for summary judgment on two related lawsuits brought by the New York Times and the ACLU, in which the plaintiffs’ sought to compel the release of documents responsive to Freedom of Information Act (“FOIA”) requests. The FOIA requests at issue sought documents related to the targeted killing of individuals suspected … Continue Reading
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