X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER  Before the Court is a motion by Defendant Panasonic Corporation of North America (“Panasonic”) for partial judgment on the pleadings, pursuant to Federal Rule of Civil Procedure 12(c). Panasonic argues that, under the terms of two agreements, Plaintiffs Media Glow Digital, LLC (“MGD”) and Times Square LED, LLC (“TSL,” and, together with MGD, “Plaintiffs”) are prohibited from recovering certain kinds of damages in connection with their claims against Panasonic. To the extent that Plaintiffs seek consequential or punitive damages, Panasonic seeks dismissal of Plaintiffs’ claims against it. For the reasons stated below, Panasonic’s motion is granted.I. BackgroundA. Factual BackgroundUnless otherwise indicated, the following allegations are drawn from the second amended complaint (the “Complaint”).MGD is an Oklahoma limited liability company with its principal place of business in Oklahoma. (Sec. Am. Compl.2 [hereinafter "Compl."], ECF No. 33 (filed May 8, 2017).) The members of MGD are individuals who reside in Oklahoma. (Id.) TSL is also an Oklahoma limited liability company with its principal place of business in Oklahoma. (Id.3.) Its sole member is an entity organized under the laws of Oklahoma with its principal place of business in Oklahoma. (Id.) The defendants are: (1) Panasonic, a Delaware corporation with its principal place of business in New Jersey; (2) ICON LLC, ICON PLLC, and ICON HD (collectively, “ICON”), North Dakota limited liability companies with their principal places of business in North Dakota; (3) Earl B. Lovell — S.P. Belcher, Inc. (“Lovell-Belcher”), a New York corporation with its principal place of business in New York; and (4) NY Land Surveyor P.C., a New York professional corporation with its principal place of business in New York. (Id.

4-9.)In late 2009 and early 2010, MGD obtained a lease for the construction and operation of a large electronic sign (the “Millennium Sign”) on the west-facing façade of the Millennium Broadway hotel (the “Millennium Hotel”), located on West 44th Street near Times Square. (Id.14.) Thereafter, MGD negotiated a long-term lease with the Millennium Hotel, commencing in April 2010. (Id.) The Millennium Sign was to stretch approximately twenty-five floors on the face of the Millennium Hotel and had to be designed so as not to encroach on the air space rights of the adjacent property, known as the Bow Tie Building. (Id.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

The University of New Mexico (UNM) (https://www.unm.edu/) is seeking nominations, inquiries, and applications for the position of General Co...


Apply Now ›

Maslon LLP is seeking attorney candidates with 4-6 years of experience to join its Insurance Coverage Team. Maslon s Insurance Recovery Grou...


Apply Now ›

New York-based indie music company seeks full-time litigation attorney. Must have 2 years music business experience. Must be admitted to S...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›