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June 23, 2011 |

Federal Decision Supports Online Political Parody

Parody has long played an important role in IP law and litigation. It should be no surprise, therefore, that internet parody issues arise. Earlier this year, The New York Times reported on a court battle over a website parody of a Koch Industries website. At the heart of the litigation was the tension between enforcement of trademark rights under federal law and free speech concerns.
11 minute read
April 05, 2002 |

Long Island Appellate Review

Lawsuits are often resolved through a stipulation of settlement. However, as suggested by a variety of recent decisions in Long Island cases by the Appellate Division, Second Department, that does not mean that the court battles are necessarily over. In some cases, litigation continues over the terms, meaning, validity and enforceability of a stipulation of settlement itself.
7 minute read
April 25, 2011 |

'American Buddha' Defines Online Infringement Situs of Injury

With Penguin Group (USA) Inc. v. American Buddha, the New York Court of Appeals has ruled that in copyright infringement cases involving the uploading of a copyrighted printed literary work onto the internet, the situs of injury for purposes of determining long-arm jurisdiction is the location of the copyright holder's principal place of business.
9 minute read
October 13, 2004 |

Two More Vioxx Suits -- and Counting

One day after Merck & Co. announced the recall of its anti-inflammatory drug Vioxx, prominent Long Island plaintiffs lawyer Robert G. Sullivan filed two product liability suits against the drug company, the first in New York to his knowledge. Sullivan's firm has already signed up more than 200 Vioxx clients. He predicts Vioxx litigation could come to dwarf every other products liability mass tort except for asbestos and tobacco, and is intent on having his firm lead the way.
6 minute read
January 11, 2002 |

Long Island Appellate Review

P LAINTIFFS AND DEFENDANTS can be victorious on substantive legal grounds. All too often, however, it seems as if litigants lose by failing to comply with the rules of litigation. Recent decisions by the Appellate Division, Second Department, illustrate how parties who fail to properly prosecute their cases or comply with discovery requests, or who simply default, can doom themselves. Some of these decisions also demonstrate the lengths to which the court system will go in an effort to avoid having a disput
7 minute read
May 10, 2002 |

Long Island Appellate Review

In recent weeks, the Appellate Division, Second Department, has issued decisions in a wide range of Long Island cases in which it reviewed the standards for a host of important trial level motions. Although certainly of interest to appellate lawyers, these rulings also may be of note to litigators seeking to restore a case to trial, renew or reargue a prior motion or even file an amended complaint.
8 minute read

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