Art, Entertainment & Sports Law › Civil Remedies › Civil Procedure

The Second Circuit’s Aereo Math: One Copy + One Subscriber ≠ Public Performance

Last week­—the week of May 12, 2013­—proved to be an eventful week for Aereo. On May 14, 2013, the controversial broadcast television streaming service filed a motion for summary judgment in the Southern District of...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 11, 2013

- American Broadcasting Companies, Inc. v. Aereo, Inc., USCA Second Circuit, April 1, 2013: Second Circuit affirms district court’s denial of plaintiffs’ request for preliminary injunction prohibiting defendant, Aereo,...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 5, 2013

In This Issue: - Effie Film, LL v. Murphy, USDC S.D. New York, March 22, 2013 (amended opinion): District court grants plaintiff’s motion for judgment on the pleadings in action for declaratory judgment that...more

Va. Court Declines to Decide Status of Poker Under State’s Gambling Law

On February 28, 2013, the Virginia Supreme Court issued an opinion in which it declined to address the legality of playing poker in the state but left open the possibility for the issue to be decided in a future case. ...more

US v. Pokerstars, et. al. (Christopher Ferguson)

SDNY Hon. Judge Kimba M. Wood executed STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSON

Approved and Executed STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSON: Ferguson agrees to forfeit to the United States all funds in the Ferguson Account (the "Ferguson Account Funds") for disposition...more

Hot Dog Eye Injury Lawsuit Against Kansas City Royals – Instant Replay

John Coomer claimed that he was injured when he was hit in the eye by a foil wrapped hot dog, shot out of an air cannon by Royals' mascot Slugerr, during a 2009 Kansas City Royals game. He sued the Royals for his injuries...more

US v. Pokerstars, et. al. (Christopher Ferguson)

LETTER addressed to Judge Kimba M. Wood from Sharon Cohen Levin dated 02/19/2013

LETTER addressed to Judge Kimba M. Wood from AUSA Sharon Cohen Levin dated 02/19/2013 re Christopher Ferguson Settlement Stipulation. ...more

US v. Pokerstars, et. al. (Christopher Ferguson)

STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSON

STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSON [Submitted 02/19/2013 for court approval by Hon. Judge Kimba M. Wood] ...more

US v. Pokerstars, et. al. (Christopher Ferguson)

ENDORSED LETTER addressed to Judge Kimba M. Wood from Sharon Cohen Levin, Michael D. Lockard, and Jason H. Cowley dated 1/28/2013

ENDORSED LETTER addressed to Judge Kimba M. Wood from Sharon Cohen Levin, Michael D. Lockard, and Jason H. Cowley dated 1/28/2013 re: The Government requests, with the consent of claimant/defendant Ferguson, an additional...more

Will the Supreme Court Review Copyright Damages in Music Downloading Case?

Like Joel Tenenbaum, who has been discussed in prior entries in this blog, Jammie Thomas-Rasset has conducted a long-running battle with the recording industry over how much damages she should pay for her downloading...more

US v. Pokerstars, et. al. (Christopher Ferguson)

ENDORSED LETTER addressed to Judge Kimba M. Wood from Jason H. Cowley dated 12/14/2012

ENDORSED LETTER addressed to Judge Kimba M. Wood from Jason H. Cowley dated 12/14/2012 re: Accordingly, the Government and defendant/claimant Ferguson jointly request that (a) Ferguson's memorandum in support of Lederer's...more

US v. Pokerstars, et. al. (Lederer)

STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO HOWARD LEDERER

STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO HOWARD LEDERER [SDNY Court Clerk Summary]: IT IS HEREBY STIPULATED, ORDERED AND AGREED, by and between Plaintiff United States of America, by its attorney Preet Bharara,...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- December 12, 2012

In This Issue: Celador Int’l Inc. v. American Broadcasting Companies, Inc., USCA Ninth Circuit, December 3, 2012 (unpublished opinion): Ninth Circuit upholds $269 million jury award against ABC and other Disney...more

US v. Pokerstars, et. al.

NOTICE OF CASE REASSIGNMENT to Hon. Judge Kimba M. Wood

NOTICE OF CASE REASSIGNMENT to Judge Kimba M. Wood. Judge Leonard B. Sand is no longer assigned to the case. (pgu) (Entered: 11/29/2012) ...more

US v. Pokerstars, et. al. (Rafael Furst)

STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO RAFAEL FURST AND TELAMONIAN AJAX TRUST

STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO RAFAEL FURST AND TELAMONIAN AJAX TRUST [SDNY CourtClerk Summary]: The Claimants agree to forfeit to the United States all funds in the Trust Account (the "Trust Account...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- November 21, 2012

Table of Contents: Alexander v. Murdoch, USCA Second Circuit, November 14, 2012 - Second Circuit affirms dismissal of plaintiff’s copyright infringement and other claims against defendants, creators and producers...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- November 16, 2012

Table of Contents: Muller v. Anderson, USCA Second Circuit, November 8, 2012 (unpublished opinion) - Circuit court affirms summary judgment in favor of producers and creators of motion picture Alien v. Predator,...more

Weekly Law Resume - October 18, 2012: Tolling Agreements vs. Statute of Limitations Waivers

Don Johnson Productions, Inc. v. Rysher Entertainment California Court of Appeal, Second Appellate District Code of Civil Procedure Section 360.5 allows parties to waive the statute of limitations if the parties follow...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- October 10, 2012

Table of Contents: - Mena v. Fox Entertainment Group District court grants defendants’ motion to dismiss plaintiff’s copyright-infringement action, finding no substantial similarity between plaintiff’s copyrighted...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- September 27, 2012

Table of Contents: - Diller v. Barry Driller, Inc.: District court preliminarily enjoins creator of internet site BarryDriller.com from continuing to use the name “Barry Driller” to market an internet streaming...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- September 13, 2012

Table of Contents: - Capitol Records Inc. v. Thomas-Rasset: Circuit court reinstates $222,000 statutory damages award against defendant, individual, for willful infringement related to her downloading and making...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- September 7, 2012

Table of Contents: - Petrella v. Metro-Goldwyn-Mayer Inc. - Ninth Circuit affirms grant of summary judgment in copyright action alleging that defendants infringed plaintiff’s interests in a book and two screenplays...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- August 9, 2012

Table of Contents: - Flava Works, Inc. v. Gunter: Seventh Circuit vacates preliminary injunction against social bookmarking site myVidster, finding that plaintiff Flava Works was not likely to succeed on its claim...more

Nat'l Collegiate Athletic Ass'n, et al. vs. Christie, Governor of New Jersey, et al.

Complaint for Declaratory & Injunctive Relief

The NCAA, NBA, NFL, NHL, and MLB have all filed suit against NJ Governor Chris Christie, alleging that New Jersey's law that opens the door to sports betting is preempted by federal law. ...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- August 1, 2012

Table of Contents: - Gilbert v. New Line Productions - Bissoon-Dath v. Sony Computer Entertainment America Inc. - Gilbert v. New Line Productions, USCA Ninth Circuit, July 13, 2012 (unpublished opinion) -...more