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 appearing as guests on Sirius radio and not objecting to the Turtles songs being played for years on Sirius.
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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 the facts were not in dispute, Judge McMahon ordered Sirius to show cause by December 5 why summary judgment should not be entered against it. Judge McMahon recognized that her ruling (and a recent similar one in California) would likely cause great disruption to satellite radio providers and others who have generally not paid to broadcast pre-1972 recordings, but said that those concerns should be directed to the legislative branches of government:
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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 sufficient detail under Rule 9(b):
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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 performance by Azealia Banks, a singer who was heavily criticized for making allegedly homophobic comments directed at blogger Perez Hilton, and Judge McMahon found that Heritage would be irreparably harmed by the potential of being wrongly associated with the Banks controversy:
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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 in Medicare and Medicaid paying for claims that were tainted by the alleged kickbacks. Novartis argued that the complaint did not specify which specific prescriptions were false, but Judge McMahon found the complaint sufficiently detailed:
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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 by New York Times reporters and the ACLU. The Second Circuit ruled that public disclosure of the contents of the memo had waived any claim to secrecy.  Notably, just weeks after Judge McMahon’s decision, a 16-page DOJ “white paper” was leaked to the press, which itself analyzed the lawfulness of targeted drone killings.  Though not part of the underlying record on appeal, the appellate court chose to consider this subsequent disclosure in rendering its opinion.
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