The parties sold self inflating Santa dolls and other holiday items. Plaintiff sued alleging that, among other things, defendant infringed a copyright plaintiff held on its Santa doll. Although each doll had features that set them apart, the “stereotypical features common to all Santa Clauses, which depict a jolly, rotund,…
Patron sued a restaurant after a glass of water exploded in his hand. Under the theories of liability asserted by plaintiff, before it could be found liable, the restaurant must have been found to be in the business of selling water or water glasses and that the restaurant had warranted…
Stop & Shop Supermarket was found to have violated deceptive practice laws by selling expired food and toiletries. The court found that such practices could mislead a reasonable consumer as to the quality or grade of that product. The court held that allowing those items to remain on the store…
Where a landlord’s rent demands were confusing and contradictory, and unable to be explained, the petition against the tenant was dismissed because it failed to appraise the tenant of the periods for which rent was demanded and the amount due.
The Cuban cigar company which owns the mark COHIBA, sued a U.S. based cigar manufacturer for for selling cigars carrying the name Cohiba. In its detailed decision in which the complexity of the issues were discussed, the court held that even though Cohiba cigars are unavailable in the U.S., the…
Reversing two lower courts, the Appellate Division has recently decided that the Federal law banning unsolicited faxes is constitutional and does not restrict commercial speech because fax communication is only one method of speech and allows an advertiser all other “means of communication” while addressing a substantial governmental interest. The…
Legal malpractice claims are unique in that a plaintiff must convince a jury that (i) it would have prevailed in the underlying case (the case which the plaintiff alleges the attorney did not properly litigate) and (ii) the attorney representing the plaintiff in that underlying case in fact committed malpractice…
A woman brought suit alleging that she had been sexually assaulted in a spa. One of her claims was for negligent hiring by the spa of the masseur. The spa’s insurance carrier refused to defend against that claim because the policy covered only accidents and other unintended injuries. The Court…
Reversing almost 20 years of precedent, the Court of Appeals has decided that a mother may sue to recover for emotional injuries resulting from medical malpractice which caused a stillborn birth.
A Federal judge recent ruled that New York City may be liable for damages for enforcing a law later found unconstitutional. The statute, one concerning communications made with the intent to annoy or alarm, and used as the basis for an individual’s arrest, was struck down. The court was not…