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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Astra Media Group, LLC v. Clear Channel Taxi Media, LLC

Plaintiff Astra Media Group, LLC sued defendants Clear Channel Taxi Media, LLC and the New York City Taxi and Limousine Commission (TLC) alleging federal and state antitrust violations, discrimination, and tortious interference. Astra claimed Clear Channel conspired with the TLC to ban its four-sided taxi rooftop advertising, engaged in predatory pricing, filed baseless lawsuits, and destroyed property. The court granted Clear Channel's motion to dismiss the antitrust and tortious interference claims, citing lack of plausible allegations and immunity under the Noerr-Pennington doctrine. The TLC's motion for summary judgment on the discrimination claim was also granted due to Astra's failure to provide specific supporting facts. The court consequently dismissed the complaint in its entirety.

Antitrust LawSherman ActDonnelly ActTortious InterferencePredatory PricingNoerr-Pennington DoctrineEqual Protection ClauseMotion to DismissSummary JudgmentTaxi Advertising Regulation
References
55
Case No. MISSING
Regular Panel Decision
Aug 04, 1981

Milburn v. Mcniff

This case concerns an appeal challenging the constitutionality of the New York State Department of Correctional Services' inmate correspondence program. The plaintiff, an inmate named Louis Milburn, contended that his First Amendment rights were violated when his letters to the Poughkeepsie Journal were returned, allegedly due to censorship under Departmental Directive 4422. The Supreme Court, Dutchess County, initially issued an order restricting the department from imposing greater restrictions on news media correspondence. However, the appellate court, finding a lack of factual findings and confusion regarding prior remittal instructions, again remitted the matter for a comprehensive factual hearing. This hearing is to determine the reasons for the letters' return, examine the department's directives on mail inspection and censorship, and balance governmental interests against inmates' constitutional rights, with the appeal held in abeyance.

Inmate CorrespondenceCensorshipFirst AmendmentConstitutional RightsCorrectional FacilitiesNews MediaDue ProcessAdministrative DirectivesDeclaratory JudgmentRemittal
References
7
Case No. MISSING
Regular Panel Decision
Sep 25, 2003

Peycke v. Newport Media Acquisition II, Inc.

The plaintiff, an employee of DSA Community Publishing, was allegedly injured after a slip and fall on ice in an office parking lot. She initiated an action for personal injuries against Newport Media Acquisition II, Inc., the building owner, and A. Ciesinski Snow Plowing, Inc., the company responsible for snow removal. The Supreme Court denied Newport's motion for summary judgment but granted A. Ciesinski's cross-motion. On appeal, the cross-appeal by the plaintiff was dismissed. The appellate court modified the order, affirming the denial of summary judgment for Newport but denying A. Ciesinski's motion to dismiss Newport's cross-claim for indemnification, citing triable issues of fact.

Personal InjurySlip and FallSummary JudgmentCross ClaimsIndemnificationWorkers' Compensation DefenseTriable Issues of FactAppellate ReviewNegligenceBuilding Owner Liability
References
6
Case No. Motion sequence Nos. 002 and 005
Regular Panel Decision

UMG Recordings, Inc. v. Escape Media Group, Inc.

UMG Recordings, Inc. sued Escape Media Group, Inc. for common-law copyright infringement and unfair competition. Escape asserted DMCA safe harbor and CDA preemption defenses, along with Donnelly Act and tortious interference counterclaims. The court denied UMG's motion to dismiss the DMCA safe harbor defense, ruling it applies to pre-1972 recordings. However, the court granted UMG's motion to dismiss the CDA preemption defense, clarifying that the CDA's intellectual property exemption covers both federal and state laws. Additionally, Escape's Donnelly Act counterclaim was dismissed, but UMG's motions to dismiss the tortious interference counterclaims were denied, rejecting defenses like the Noerr-Pennington doctrine and economic interest.

Copyright InfringementDMCA Safe HarborPre-1972 RecordingsUnfair CompetitionCommunications Decency ActTortious InterferenceDonnelly ActNew York Common LawInternet Service ProvidersAntitrust
References
34
Case No. MISSING
Regular Panel Decision

Isik Jewelry v. Mars Media, Inc.

Plaintiff Isik Jewelry rented valuable jewelry to music artist Albert Johnson, also known as Prodigy, for a video shoot in Queensbridge, New York. During the second day of filming, Johnson left the site wearing the jewelry and was subsequently robbed at gunpoint, resulting in the loss of the items. Isik Jewelry filed a lawsuit against Johnson, LOUD Records, Mars Media, and XL Specialty Insurance Company, alleging negligence, breach of bailment, conversion, and breach of contract. The Court granted summary judgment in favor of Johnson on all claims against him and for LOUD Records on the direct negligence claim. However, the Court granted summary judgment for Isik Jewelry against Mars Media and XL Specialty Insurance Company for breach of contract, finding Mars Media breached its obligation to provide adequate insurance.

Summary JudgmentNegligenceBailment LawConversionBreach of ContractInsurance PolicyThird-Party BeneficiaryRespondeat SuperiorIndependent ContractorJewelry Theft
References
39
Case No. 07 Civ. 11479
Regular Panel Decision

In Re Focus Media Holding Ltd. Litigation

This consolidated putative class action involved Lead Plaintiff Iron Workers Local No. 25 Pension Fund suing Focus Media Holding Limited, its officers/directors, and underwriters for alleged violations of the Securities Exchange Act of 1934 and the Securities Act of 1933. The plaintiff claimed that Focus Media made misstatements and omissions regarding its declining gross margins in a September 2007 press release, conference call, and a November 2007 Registration Statement. Specifically, allegations included misleading earnings guidance, failure to disclose third-quarter gross margin information, and undisclosed traditional billboard acquisitions. The Court granted the defendants' motion to dismiss the complaint in its entirety, finding that the plaintiff failed to state actionable claims. The decision concluded that Focus Media's disclosures complied with SEC regulations, its forward-looking statements were protected by cautionary language and the PSLRA safe harbor, and the observed decline in gross margin did not constitute an 'extreme departure' requiring accelerated disclosure.

Securities FraudClass ActionMotion to DismissSecurities Exchange Act of 1934Securities Act of 1933Private Securities Litigation Reform ActForward-Looking StatementsGross MarginFinancial DisclosureMaterial Omission
References
16
Case No. 2020 NY Slip Op 07168 [189 AD3d 785]
Regular Panel Decision
Dec 02, 2020

Fernandez v. Conklin

The plaintiff, Daniel N. Fernandez, commenced an action to recover damages for personal injuries after being struck by a vehicle operated by Earl E. Conklin, who had just completed delivering newspapers for Local Media Group, Inc. The plaintiff sought to recover damages from Local Media Group, Inc., under the doctrine of respondeat superior. Local Media Group, Inc. moved for summary judgment, arguing it was not Conklin's employer. The Supreme Court denied the motion. The Appellate Division, Second Department, affirmed the Supreme Court's order, finding that the defendant failed to establish, prima facie, that it had no relationship with Conklin or that Conklin was an independent contractor.

Personal InjuryRespondeat SuperiorIndependent ContractorSummary JudgmentVicarious LiabilityAppellate ReviewOrange CountyNewspaper DeliveryEmployer-Employee RelationshipScope of Employment
References
7
Case No. MISSING
Regular Panel Decision

Malibu Media, LLC v. John Does 1-5

Plaintiff Malibu Media, LLC filed a lawsuit against five John Doe defendants for copyright infringement, alleging they illegally downloaded and uploaded the film 'Tiffany Sex with a Supermodel' using the BitTorrent protocol. Defendant John Doe No. 4 moved to sever and dismiss the action, arguing that the defendants were improperly joined under Federal Rule of Civil Procedure 20(a)(2). District Judge Naomi Reice Buchwald denied Doe 4's motion, finding that participation in the same BitTorrent swarm satisfied the 'same transaction, occurrence, or series of transactions or occurrences' requirement for joinder. The court also declined to exercise its discretion to sever, citing factors such as the ability for defendants to litigate anonymously and the limited number of defendants in the case.

Copyright InfringementBitTorrent ProtocolPeer-to-Peer File SharingJoinder of DefendantsFederal Rule of Civil Procedure 20(a)(2)Digital CopyrightPornographic FilmsMotion to SeverJohn Doe DefendantsIP Address Identification
References
14
Case No. MISSING
Regular Panel Decision

SI Communications, Inc. v. Nielsen Media Research

Plaintiff SI Communications Inc. sued Defendant Nielsen Media Research alleging breach of an implied covenant of good faith and fair dealing in their contract for television ratings estimates. SI claimed Nielsen's African-American demographic ratings had unacceptably high sampling errors, leading to substantial lost advertising revenue. Nielsen sought summary judgment, asserting that Illinois law, which governed the contract, did not support an independent cause of action for breach of implied good faith, and that a clear limitation of liability clause in the agreement precluded SI's claims. The court found in favor of Nielsen, ruling that the contract explicitly addressed sampling errors and that the exculpatory clause was enforceable and not unconscionable. Consequently, Defendant's motion for summary judgment against Plaintiff's claim was granted, and its counterclaims for unpaid services were also granted.

Breach of ContractImplied Covenant of Good Faith and Fair DealingSummary JudgmentContract InterpretationUnconscionabilitySampling ErrorTelevision RatingsAdvertising RevenueIllinois LawLimitation of Liability
References
25
Case No. MISSING
Regular Panel Decision

North Jersey Media Group Inc. v. Fox News Network, LLC

New Jersey Media Group (NJMG) sued Fox News Network (Fox News) for copyright infringement of its "9/11 Photograph" in two consolidated actions (Photo Claims). Fox News counterclaimed against NJMG for copyright infringement and false endorsement regarding three video clips displayed on NJMG's website (Video Counterclaims). NJMG then filed a Third Party Complaint against Daily Caller, Inc. and News Distribution Network, Inc. (NDN) seeking indemnification for Fox News’ counterclaims (Indemnification Claims). Third Party Defendants, joined by NJMG, moved to sever the Video Counterclaims and Indemnification Claims from the Photo Claims. The Court granted the motion to sever, finding that the claims did not arise from the same transaction or occurrence, presented different questions of fact, had minimal overlap in witnesses and documentary proof, and while settlement was not necessarily facilitated, judicial economy and avoidance of prejudice favored severance.

Copyright InfringementSeverance of ClaimsFederal Rules of Civil Procedure Rule 21Judicial EconomyPrejudiceLanham ActIndemnification ClaimsThird-Party ComplaintConsolidated ActionsFair Use Defense
References
27
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