Appeals & Motions List released on:April 25, 2024

Denial of Injunctive Relief Explained in Suit Over Use of SUNY RF's Intellectual Property

Court declined to preliminarily enjoin invocation of drag-along rights where the invocation was not inconsistent with the terms of the proposed merger agreement or the minority securityholders' agreements and the minority could obtain monetary relief if the court ultimately found an improper invocation.

Appeals & Motions List released on:December 19, 2023

Firm's Bylaws Amendment Violates ICA as Restriction on Shareholders, Not on Shares

Defendants could remove case under federal officer removal statute by alleging that it had acquired the right to use plaintiff's intellectual property via federal government contracts after the government allegedly obtained "unlimited right" to the intellectual property.

Plaintiff's motion for summary judgment to enforce an option right for which it bargained to pay $1,000 but did not make payment was denied and defendant's cross-motion for summary judgment was granted.

Similarities between competitor's webinars and white papers and plaintiff's internal design documents, even after plaintiff's employees left to work for the competitor, were insufficient to create a significant red flag to put plaintiff on inquiry notice as to its misappropriation of trade secrets claim.

Appeals & Motions List released on:April 25, 2023

News network's allegations of electronic voting machines manufacturer's role in rigging election constituted defamation per se because they were statements of fact or mixed fact and opinion and were not protected by neutral or fair reporting privileges.