Mealey's Litigation Procedure - Judge Denies Further Sanctions Against Attorneys In Copyright Dispute

EAST ST. LOUIS, Ill. - Although an Illinois federal judge found certain behavior by the plaintiff's attorneys in a now-dismissed copyright infringement lawsuit to be questionable and suspicious, he held Nov. 18 that there was not sufficient evidence to definitively establish sanctionable behavior, denying a defendant's motion for contempt and additional sanctions against the attorneys (Lightspeed Media Corp., et al. v. Anthony Smith, et al., No. 3:12-cv-00889, S.D. Ill.; 2014 U.S. Dist. LEXIS 161566).

Mealey's IP/Tech - Judge Denies Further Sanctions Against Attorneys In Copyright Dispute

EAST ST. LOUIS, Ill. - Although an Illinois federal judge found certain behavior by the plaintiff's attorneys in a now-dismissed copyright infringement lawsuit to be questionable and suspicious, he held Nov. 18 that there was not sufficient evidence to definitively establish sanctionable behavior, denying a defendant's motion for contempt and additional sanctions against the attorneys (Lightspeed Media Corp., et al. v. Anthony Smith, et al., No. 3:12-cv-00889, S.D. Ill.; 2014 U.S. Dist. LEXIS 161566).

Mealey's IP/Tech - New York Federal Judge: Personal Jurisdiction Lacking In Copyright Case

NEW YORK - A defendant on Nov. 14 won dismissal of allegations that it infringed upon copyrighted celebrity photographs, when a New York federal judge agreed that personal jurisdiction there is lacking (BWP Media USA Inc., et al. v. Hollywood.com Holdings LLC, et al., No. 14-121, S.D. N.Y.; 2014 U.S. Dist. LEXIS 160642).

Mealey's IP/Tech - Twitter Seeks Relief From Government's Gag Order Over National Security Requests

SAN FRANCISCO - Social media firm Twitter Inc. filed suit in California federal court Oct. 7, seeking a declaration that its First Amendment rights have been violated by the federal government's forbidding Twitter from revealing the extent or type of national security requests it has received as part of the government's surveillance program (Twitter Inc. v. Eric Holder, et al., No. 3:14-cv-04480, N.D. Calif.).

Mealey's Litigation Procedure - Tennessee Appeals Court: Records In Police Investigation Not Discoverable

NASHVILLE, Tenn. - Because the records sought by various media outlets related to an on-campus rape at Vanderbilt University are "relevant to a pending or contemplated criminal action," a Tennessee Court of Appeals panel majority on Sept. 30 held that the records were not discoverable under an exemption to the Tennessee Public Records Act (TPRA), reversing a trial court's ruling (The Tennessean, et al. v. Metropolitan Government of Nashville and Davidson Co., et al., No. M2014-00524-COA-R3-CV, Tenn. App.; 2014 Tenn. App. LEXIS 616).

Mealey's Litigation Procedure - Visual Works Copyright Holders Settle Class Action Over Google Library Project

NEW YORK - In conjunction with a press release noting "a settlement that benefits" all parties involved, a coalition of photographer and illustrator groups filed a stipulation in New York federal court on Sept. 5 dismissing their four-year old copyright infringement lawsuit against Google Inc. related to the Google Library Project (GLP) (The American Society of Media Photographers Inc., et al. v. Google Inc., No. 10-cv-02977, S.D. N.Y.).

Mealey's IP/Tech - Visual Works Copyright Holders Settle Class Action Over Google Library Project

NEW YORK - In conjunction with a press release noting "a settlement that benefits" all parties involved, a coalition of photographer and illustrator groups filed a stipulation in New York federal court on Sept. 5 dismissing their four-year old copyright infringement lawsuit against Google Inc. related to the Google Library Project (GLP) (The American Society of Media Photographers Inc., et al. v. Google Inc., No. 10-cv-02977, S.D. N.Y.).

Mealey's Insurance - Federal Judge: Insured Breached Policy's Notice Provision; No Coverage Owed

CHICAGO - An Illinois federal judge on Aug. 28 found that an insurer has no duty to defend its insured against a competitor's lawsuit alleging unlawful business practices (Hartford Casualty Insurance Co. v. ContextMedia, Inc., No. 12-cv-9975, N.D. Ill.; 2014 U.S. Dist. LEXIS 120037).

Mealey's IP/Tech - Voluntary Dismissal Of Downloading Case Granted; Summary Judgment Denied

GREENBELT, Md. - Despite a downloading defendant's claims that an adult entertainment firm used its copyright infringement complaint as a means of extorting settlements, a Maryland federal judge on Aug. 27 granted the plaintiff firm's motion for voluntary dismissal and denied the defendant's summary judgment motion, finding that the defendant's "interests are well-served" by a dismissal with prejudice (Metro Media Entertainment LLC v. Richard Steinruck, No. 8:12-cv-00347, D. Md.).

Mealey's Securities/D&O Liability - Judge Certifies Securities Class Action Against Chinese Media Company

NEW YORK - A group of plaintiffs alleging securities fraud by a Chinese television advertising firm have met the class certification requirements of Federal Rule of Civil Procedure 23, a New York federal judge found Aug. 15, granting a motion to certify the proposed class and denying a defendant's motion to strike the testimony of the plaintiffs' proffered market efficiency expert (Daniel McIntire, et al. v. China MediaExpress Holdings Inc., et al.; In Re China MediaExpress Holdings Inc. Shareholder Litigation, No. 1:11-cv-00804, S.D. N.Y.; 2014 U.S. Dist. LEXIS 113446).

Mealey's Litigation Procedure - Judge Certifies Securities Class Action Against Chinese Media Company

NEW YORK - A group of plaintiffs alleging securities fraud by a Chinese television advertising firm have met the class certification requirements of Federal Rule of Civil Procedure 23, a New York federal judge found Aug. 15, granting a motion to certify the proposed class and denying a defendant's motion to strike the testimony of the plaintiffs' proffered market efficiency expert (Daniel McIntire, et al. v. China MediaExpress Holdings Inc., et al.; In Re China MediaExpress Holdings Inc. Shareholder Litigation, No. 1:11-cv-00804, S.D. N.Y.; 2014 U.S. Dist. LEXIS 113446).

Mealey's Litigation Procedure - Adult Entertainment Firm Sanctioned For Not Disclosing Agreement With Investigator

CHICAGO - An adult entertainment company's failure to provide details of its payment agreement with an investigations firm, which identified a John Doe defendant as an alleged infringer, was not inadvertent, an Illinois federal magistrate held Aug. 12, granting the Doe's motion for sanctions for failure to comply with the court's discovery order (Malibu Media LLC v. John Doe, No. 1:13-cv-06312, N.D. Ill.).

Mealey's IP/Tech - Adult Entertainment Firm Sanctioned For Not Disclosing Agreement With Investigator

CHICAGO - An adult entertainment company's failure to provide details of its payment agreement with an investigations firm, which identified a John Doe defendant as an alleged infringer, was not inadvertent, an Illinois federal magistrate held Aug. 12, granting the Doe's motion for sanctions for failure to comply with the court's discovery order (Malibu Media LLC v. John Doe, No. 1:13-cv-06312, N.D. Ill.).

Mealey's IP/Tech - Federal Circuit Vacates Dismissal Of Trademark Opposition

WASHINGTON, D.C. - A pro se plaintiff prevailed on appeal to the Federal Circuit U.S. Court of Appeals Aug. 7, winning remand of a decision by the Trademark Trial and Appeal Board that dismissed his opposition to a trademark application for "Nightlife Television" (Michael J. Cutino v. Nightlife Media Inc., No. 13-1541, Fed. Cir.).

Mealey's Litigation Procedure - 7th Circuit Upholds Sanctions Against Porn Firm's Counsel In Copyright Case

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on July 31 affirmed sanctions levied against three attorneys in a copyright infringement case over adult websites, finding that the attorneys violated direct orders of a trial court and engaged in abusive discovery practices (Lightspeed Media Corp., et al. v. Anthony Smith, et al., No. 13-3801 and 14-1682, 7th Cir.; 2014 U.S. App. LEXIS 14725).

Mealey's IP/Tech - 7th Circuit Upholds Sanctions Against Porn Firm's Counsel In Copyright Case

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on July 31 affirmed sanctions levied against three attorneys in a copyright infringement case over adult websites, finding that the attorneys violated direct orders of a trial court and engaged in abusive discovery practices (Lightspeed Media Corp., et al. v. Anthony Smith, et al., No. 13-3801 and 14-1682, 7th Cir.; 2014 U.S. App. LEXIS 14725).

Mealey's Bankruptcy - Federal Judge Reverses Confidentiality Rulings In Garlock's Bankruptcy Case

CHARLOTTE, N.C. - A North Carolina federal judge on July 23 reversed rulings by the bankruptcy judge in the Chapter 11 case of Garlock Sealing Technologies LLC sealing evidence and filings and excluding the news media from the hearing to estimate Garlock's liability for asbestos personal injury claims, finding that the bankruptcy judge erred in issuing broad protective orders that prevented public access to the hearing (Legal Newsline v. Garlock Sealing Technologies LLC, No. 13-464, W.D. N.C.).

Mealey's Insurance - 11th Circuit Cites Hobby Lobby, Enjoins Mandate During Appeal

MONTGOMERY, Ala. - A Catholic media outlet is entitled to an injunction while it appeals rejection of its Patient Protection and Affordable Care Act (ACA)'s contraceptive mandate challenge in light of Burwell v. Hobby Lobby (Nos. 13-354, 13-356, U.S. Sup.), an 11th Circuit U.S. Court of Appeals panel held June 30 (Eternal Word Television Network Inc. and State of Alabama v. Secretary, U.S. Department of Health and Human Services, et al., No. 14-12696, 11th Cir.).

Mealey's Health Law - 11th Circuit Cites Hobby Lobby, Enjoins Mandate During Appeal

MONTGOMERY, Ala. - A Catholic media outlet is entitled to an injunction while it appeals rejection of its Patient Protection and Affordable Care Act (ACA)'s contraceptive mandate challenge in light of Burwell v. Hobby Lobby (Nos. 13-354, 13-356, U.S. Sup.), an 11th Circuit U.S. Court of Appeals panel held June 30 (Eternal Word Television Network Inc. and State of Alabama v. Secretary, U.S. Department of Health and Human Services, et al., No. 14-12696, 11th Cir.).

Mealey's IP/Tech - Federal Circuit Affirms Findings In Dispute Over Web Functionality Patents

WASHINGTON, D.C. - Yahoo! Inc. was properly granted summary judgment that it does not infringe two patents relating to the addition of functionality, such as media or advertisements, to a web page, the Federal Circuit U.S. Court of Appeals ruled June 20 (Augme Technologies Inc. v. Yahoo! Inc., Nos. 13-1121, -1195, Fed. Cir.).

Mealey's Litigation Procedure - Adult Film Firm Sees Motion To Seal Mostly Denied In BitTorrent File-Sharing Case

CHICAGO - An Illinois federal judge on June 4 found that an adult entertainment firm chose "to air its laundry for strategic reason" in a motion for a protective order in a copyright infringement case against an alleged file sharer, leading the judge to mostly deny the firm's motion to seal in favor of "the public's presumptive right of access" to court records (Malibu Media LLC v. John Doe, No. 1:13-cv-06312, N.D. Ill.; 2014 U.S. Dist. LEXIS 75718).

Mealey's IP/Tech - Adult Film Firm Sees Motion To Seal Mostly Denied In BitTorrent File-Sharing Case

CHICAGO - An Illinois federal judge on June 4 found that an adult entertainment firm chose "to air its laundry for strategic reason" in a motion for a protective order in a copyright infringement case against an alleged file sharer, leading the judge to mostly deny the firm's motion to seal in favor of "the public's presumptive right of access" to court records (Malibu Media LLC v. John Doe, No. 1:13-cv-06312, N.D. Ill.; 2014 U.S. Dist. LEXIS 75718).

Mealey's Bankruptcy - Creditors Of Broadcasting Company Want Art Gallery Owner's Testimony Rejected

NEW YORK - A group of creditors in the Chapter 11 bankruptcy of Inner City Broadcasting Corp. (ICBC) on May 30 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York objecting to ICBC's brief, which argued that the Bankruptcy Court should not grant the creditors' motion to strike the declaration of one of ICBC's witnesses in the adversary proceeding ICBC has brought against the creditors (Inner City Broadcasting Corporation v. YMF Media LLC, et al. [In Re: Inner City Broadcasting Corporation], No. 11-13967, Adv. No. 12-01796, Chapter 11, S.D. N.Y. Bkcy.).

Mealey's IP/Tech - Damages Should Be Awarded In Copyright Case, Magistrate Judge Says

NEW YORK - A defendant's decision to display copyrighted photographs of actress Lindsay Lohan on its www.thebosh.com website should result in a total award of $25,132.50 in damages, a New York federal magistrate judge recommended May 16 (BWP Media Inc., d/b/a Pacific Coast News, v. Uropa Media Inc., No. 13-7871, S.D. N.Y.).

Mealey's Litigation Procedure - Class Suit Over Newspaper Subscriptions Ordered To Remain In Federal Court

KANSAS CITY, Mo. - A class complaint accusing a newspaper publisher of overcharging certain subscribers belongs in federal, not state, court pursuant to Class Action Fairness Act (CAFA) jurisdiction, a Missouri federal judge ruled May 6 (Elizabeth O'Shaughnessy, et al. v. Cypress Media, L.L.C., No. 13-947, W.D. Mo.; 2014 U.S. Dist. LEXIS 62212).