LexisNexis® Legal Newsroom
Mealey's IP/Tech - Preliminary Injunction In Trademark Case Upheld By 11th Circuit

ATLANTA - A co-founder and original member of The Commodores was properly ordered to refrain from using the band's name while promoting his own musical performances, the 11th Circuit U.S. Court of Appeals ruled April 15 (Commodores Entertainment Corp. v. Thomas McClary, et al., No. 14-14883, 11th Cir.; 2016 U.S. App. LEXIS 6836).

Mealey's Insurance - Judge Finds Policy Void Due To Misrepresentation On Policy Application

WASHINGTON, D.C. - A federal judge in the District of Columbia on April 13 awarded summary judgment to Nationwide Mutual Fire Insurance Co., finding that a property owner's misrepresentation that a business on the site was a delicatessen rather than an entertainment venue that served alcohol was material and warranted voiding the policy (Nationwide Mutual Fire Insurance Co. v. Almco Ltd., et al., No. 13-1009, D. D.C.; 2016 U.S. Dist. LEXIS 49358).

Mealey's PI/Product Liability - WWE Asks Federal Court To Reconsider Decision, Dismiss 3rd Case

HARTFORD, Conn. - World Wrestling Entertainment Inc. (WWE) on April 4 asked a federal judge in Connecticut to reconsider her order dismissing only two of three consolidated cases against it, saying the third case should also be dismissed (Russ McCullough, et al. v. World Wrestling Entertainment Inc., No. 15-1074, D. Conn.).

Mealey's PI/Product Liability - Federal Judges Dismisses 2 Suits Against WWE Brought By Former Wrestlers

HARTFORD, Conn. - A federal judge in Connecticut on March 21 dismissed the second amended complaints in two separate consolidated brain injury suits against the World Wrestling Entertainment Inc. (WWE) and dismissed all but one claim from a third complaint (Russ McCullough, et al. v. World Wrestling Entertainment Inc., No. 15-1074, D. Conn.).

Mealey's Litigation Procedure - Judge: Investors Failed To Plead Scienter, Actionable Misstatements

NEW YORK - Dismissal of a consolidated amended securities class action complaint against a Chinese developer and publisher of mobile games and certain of its executive officers is proper because shareholders failed to plead any actionable misrepresentations or omissions or scienter in making their federal securities law claims, a federal judge in New York ruled March 7 (In re China Mobile Games & Entertainment Group Ltd. Securities Litigation, No. 14-4471, S.D. N.Y.; 2016 U.S. Dist. LEXIS 29258).

Mealey's Securities/D&O Liability - Judge: Investors Failed To Plead Scienter, Actionable Misstatements

NEW YORK - Dismissal of a consolidated amended securities class action complaint against a Chinese developer and publisher of mobile games and certain of its executive officers is proper because shareholders failed to plead any actionable misrepresentations or omissions or scienter in making their federal securities law claims, a federal judge in New York ruled March 7 (In re China Mobile Games & Entertainment Group Ltd. Securities Litigation, No. 14-4471, S.D. N.Y.; 2016 U.S. Dist. LEXIS 29258).

Mealey's Litigation Procedure - Blind Moviegoers Sue AMC For Failing To Maintain Audio Equipment

SAN FRANCISCO - Five blind individuals and two organizations filed a class complaint in California federal court on Feb. 16 accusing AMC Entertainment Inc., AMC Entertainment Holdings Inc. and American Multi-Cinema Inc. of failing to maintain audio description equipment for blind customers to use (Scott Blanks, et al. v. AMC Entertainment Inc., et al., No. 16-765, N.D. Calif.).

Mealey's Labor & Employment - Dismissal Denied In Suit Accusing Dave & Buster's Of Interference Under ERISA

NEW YORK - A New York federal judge on Feb. 9 denied Dave & Buster's Inc.'s motion to dismiss a lawsuit accusing the nationwide restaurant/entertainment chain of violating the Employee Retirement Income Security Act by reducing the hours of its work force in 2013 to avoid the costs associated with providing health insurance to its full-time employees in compliance with the Patient Protection and Affordable Care Act (ACA) (Maria De Lourdes Parra Marin v. Dave & Buster's, Inc., et al., No. 15-3608, S.D. N.Y.).

Mealey's IP/Tech - Iron Man Body Armor Copyright Case Dismissed By Massachusetts Federal Judge

BOSTON - Marvel Entertainment LLC and other defendants won dismissal Feb. 9 of copyright infringement allegations levied in connection with the body armor worn by the popular character Iron Man (Horizon Comics Production v. Marvel Entertainment LLC, et al., No. 15-11684, D. Mass.; 2016 U.S. Dist. LEXIS 15659).

Mealey's IP/Tech - Magistrate Finds No Evidence Doe Defendant Downloaded Copyrighted Adult Films

CHICAGO - An adult entertainment firm failed to provide evidence that an accused defendant downloaded and shared 24 of its copyrighted movies, an Illinois federal magistrate judge ruled Feb. 8, granting the defendant's motion for summary judgment (Malibu Media LLC v. John Doe, No. 1:13-cv-06312, N.D. Ill.; 2016 U.S. Dist. LEXIS 14798).

Mealey's Litigation Procedure - Federal Judge Precludes Testimony In Class Action Suit Against Cable Company

CENTRAL ISLIP, N.Y. - A media and entertainment industry expert may not testify on damages suffered by cable subscribers because his testimony erroneously amounts to legal conclusions, a New York federal judge ruled Dec. 28, excluding the testimony in a class action lawsuit against Cablevision Systems Corp. (Theodore Pearlman, et al. v. Cablevision Systems Corp., No. 10-4992, E.D. N.Y.; 2015 U.S. Dist. LEXIS 172080).

Mealey's IP/Tech - Copyright Claims By Video Game Developers Dismissed In California

SAN FRANCISCO - Allegations of copyright infringement levied in connection with mobile games fail to state a plausible claim, a California federal judge ruled Dec. 8 (Blizzard Entertainment Inc., et al. v. Lilith Games [Shanghai] Co. Ltd., et al., No. 15-4084, N.D. Calif.; 2015 U.S. Dist. LEXIS 164527).

Mealey's IP/Tech - Former File-Sharing Defendant Defends Attorneys' Sanctions, Awards To 7th Circuit

CHICAGO - A man that had previously been the defendant in an adult entertainment firm's copyright infringement suit told the Seventh Circuit U.S. Court of Appeals in his Nov. 30 appellee brief that a trial court properly sanctioned two of the firm's attorneys for obstructing discovery and for making misleading statements regarding their ability to pay previously issued sanctions against them (Lightspeed Media Corp., et al. v. Anthony Smith, et al., No. 15-2440, 7th Cir.).

Mealey's Litigation Procedure - Gawker Seeks To Compel State Department Affidavits In Clinton Emails FOIA Suit

WASHINGTON, D.C. - In light of the provision of previously unknown and possibly responsive records pertaining to its Freedom of Information Act (FOIA) lawsuit seeking to compel communications related to Hillary Clinton's use of a personal email account during her tenure as secretary of State, news and entertainment media website operator Gawker Media LLC moved in District of Columbia federal court on Nov. 18 to compel affidavits from certain government personnel regarding the email use and record production of former Deputy Assistant Secretary of State Philippe Reines (Gawker Media LLC, et al. v. Department of State, No. 1:15-cv-00363, D. D.C.).

Mealey's PI/Product Liability - WWE Moves For Dismissal In Connecticut Head Injury Case

NEW HAVEN, Conn. - World Wrestling Entertainment (WWE) Inc. on Nov. 16 sought dismissal of a negligence and fraud action less than one week after a Connecticut federal judge stayed discovery in the case and several others that are related (Russ McCullough, et al. v. World Wrestling Entertainment Inc., No. 15-1074, D. Conn.).

Mealey's IP/Tech - Dismissal Of Patent Case Against Apple, Others Affirmed By Federal Circuit

WASHINGTON, D.C. - A California federal judge properly dismissed allegations of patent infringement against Apple Inc., MusicMatch Inc. and Sony Network Entertainment International LLC on grounds of collateral estoppel, the Federal Circuit U.S. Court of Appeals ruled Nov. 5 (Ho Keung Tse v. Apple Inc. et al., No. 15-1639, Fed. Cir.).

Mealey's IP/Tech - Attorneys In Copyright Suit Appeal Discovery Sanctions, Contempt To 7th Circuit

CHICAGO - Two attorneys, who represented an adult entertainment firm in a 2011 lawsuit over purported online copyright infringement, argued in an Oct. 29 appellant brief to the Seventh Circuit U.S. Court of Appeals that a lower court's assessment of discovery sanctions and contempt against them were improper and out of proportion with the harm supposedly caused by their purported misconduct (Lightspeed Media Corp., et al. v. Anthony Smith, et al., No. 15-2440, 7th Cir.).

Mealey's Litigation Procedure - Attorneys In Copyright Suit Appeal Discovery Sanctions, Contempt To 7th Circuit

CHICAGO - Two attorneys, who represented an adult entertainment firm in a 2011 lawsuit over purported online copyright infringement, argued in an Oct. 29 appellant brief to the Seventh Circuit U.S. Court of Appeals that a lower court's assessment of discovery sanctions and contempt against them were improper and out of proportion with the harm supposedly caused by their purported misconduct (Lightspeed Media Corp., et al. v. Anthony Smith, et al., No. 15-2440, 7th Cir.).

Mealey's Labor & Employment - Former Sony Employees Seek Approval Of $8M Settlement In Data Breach Suit

LOS ANGELES - The plaintiffs in a class suit accusing Sony Pictures Entertainment Inc. (SPE) of failing to prevent a 2014 network breach that compromised the personal information of former employees moved Oct. 19 for preliminary approval of a more than $8 million class settlement (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).

Mealey's Litigation Procedure - Former Sony Employees Seek Approval Of $8M Settlement In Data Breach Suit

LOS ANGELES - The plaintiffs in a class suit accusing Sony Pictures Entertainment Inc. (SPE) of failing to prevent a 2014 network breach that compromised the personal information of former employees moved Oct. 19 for preliminary approval of a more than $8 million class settlement (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).

Mealey's Labor & Employment - Lions Gate Entertainment Seeks To Settle Intern Suit For $1.34 Million

NEW YORK - A former intern for "The Wendy Williams Show" on Sept. 11 moved in the U.S. District Court for the Southern District of New York to settle his class complaint with Lions Gate Entertainment Corp. after the company agreed to pay $1,341,752 to end claims that it, Lions Gate Films Inc. and Debmar-Mercury LLC violated federal and state wage-and-hour statutes by failing to pay their interns (Anthony Tart, et al. v. Lions Gate Entertainment Corporation, et al., No. 14-8004, S.D. N.Y.).

Mealey's Litigation Procedure - 9th Circuit Finds No Private Cause Of Action For Unlawful Retention Under The VPPA

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Sept. 4 affirmed dismissal of a New York man's putative class action alleging that Sony Computer Entertainment America LLC violated the Video Protection Privacy Act (VPPA) by unlawfully retaining and disclosing his personally identifiable information (PII), holding that the act does not provide for a private right of action for unlawful disclosure (Daniel Rodriguez v. Sony Computer Entertainment America LLC, et al., No. 12-17391, 9th Cir.; 2015 U.S. App. LEXIS 15782).

Mealey's Litigation Procedure - Sony, Ex-Employees Tentatively Settle Class Claims Over Data Breach

LOS ANGELES - In a jointly filed stipulation on Sept. 2, Sony Pictures Entertainment Inc. and a putative class of former employees whose personally identifying information (PII) was purportedly compromised in a 2014 network breach asked a California federal court to continue existing hearing and certification deadlines, citing a newly reached "agreement in principle to settle all" existing claims (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).

Mealey's Antitrust/Unfair Competition - Sony Opposes Certification Of Ex-Employees' Class Action Over Hacking Incident

LOS ANGELES - In an Aug. 24 brief opposing certification of a class of ex-employees whose data was compromised in a 2014 breach of its network, Sony Pictures Entertainment Inc. argues in California federal court that "elements of injury and causation" for the plaintiffs "are entirely individualized" and, as such, not suitable for class treatment (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).

Mealey's Litigation Procedure - Sony Opposes Certification Of Ex-Employees' Class Action Over Hacking Incident

LOS ANGELES - In an Aug. 24 brief opposing certification of a class of ex-employees whose data was compromised in a 2014 breach of its network, Sony Pictures Entertainment Inc. argues in California federal court that "elements of injury and causation" for the plaintiffs "are entirely individualized" and, as such, not suitable for class treatment (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).