In an opinion filed Monday, Judge Preska vacated a $100,000 damages award for record company EMI when it turned out that the wrong corporate entity had brought the suit. After winning summary judgment on its copyright infringement claims, it came to light that the holders of the copyrights were in fact wholly-owned subsidiaries of EMI — not EMI itself — who were not named as plaintiffs in the case.
Continue Reading Judge Preska Vacates Copyright Infringement Victory for EMI on Standing Grounds

Judge Carter on Tuesday ordered a new trial for the City of New York and two police officers after a jury had awarded a plaintiff more than $600,000 for unlawful arrest and excessive force. The basis for the reversal, which came after Judge Carter had denied the defendants’ motion for judgment as a matter of law: The plaintiff’s girlfriend, who had been a key witness corroborating the plaintiff’s version of events, sued the plaintiff in state court in the Bronx for breach of the contract they had signed promising her 20% of the verdict in return for her testimony.
Continue Reading Jury Verdict Thrown Out When Witness Sues Over Breach of Contract to Testify