May a Plaintiff Amend His Claim After Identifying the Incorrect Defendant?
In a world filled with partnerships, subsidiaries, and joint ownerships, identifying a defendant is not as easy as it sounds. However, if a plaintiff fails to name the correct defendant, he may risk dismissal. The question becomes what does a plaintiff need to do to...
May a Principal Officer be Held Liable for Corporate Actions?
Should a principal corporate officer be able to avail himself of the corporation’s liability shield which would protect his personal assets from suits arising from actions taken in his corporate capacity? When should a principal officer be held liable for the actions...
Will an Operating Agreement’s Disability Provision Be Upheld Under New Jersey Law?
In Zavodnick, Perlmutter & Boccia L.L.C., v. Zavodnick, No. A-1242-11T1 (App. Div. August 2, 2012), the Superior Court of New Jersey, Appellate Division, upheld an arbitrator’s decision to allow a law firm to buyout a disabled member. Id. at 8. In so doing,...
Is an Indirect Benefactor from a Nonprofit Organization Considered a “Beneficiary” Under the New Jersey Charitable Immunity Act?
Who should be considered a beneficiary under the New Jersey Charitable Immunity Act? In Larissa Sapia and Joseph Sapia v. Hunterdon County YMCA, L-10265-09 (N.J. Super. App. Div. August 10, 2012), Larissa Sapia (“Plaintiff”) went to the YMCA (“Defendant”) to examine...
When Are Online Forum Selection Clauses Enforceable in New York?
Should a defendant, who uses the Internet to market and sell nationally, be able to restrict jurisdiction with the use of a forum selection clause (“FSC”)? On the other hand, should a plaintiff be able to drag an online company, that provides...
What Are the Elements of a Fraudulent Transfer Under the New Jersey Fraudulent Transfer Act, NJSA 25:2-26?
In Seta Artunian Nassif, et. al. v. Jelmac, L.L.C., No. A-4100-10T2 (N.J. Super. Ct. App. Div. July 11, 2012), the Appellate Division of the Superior Court of New Jersey was presented with the following legal issue: what constitutes a...
Does §2257 Apply To A Breastfeeding Video That is Used Illegally by an Adult Website?
Does a producer of a breastfeeding instructional video have to abide by §2257? What about the mother who volunteers to allow herself and her baby to be filmed? How about somebody who illegally uses the breastfeeding video to create an adult video? This was addressed...
Is a Broadcast Television Network Liable When it Broadcasts an Alleged False Story about Someone Without Verifying the Validity of the Statements?
According to a pending California lawsuit, the American Broadcasting Companies (“ABC”) published an allegedly false depiction of Colorado resident David Williams’ (“Williams”) online relationship with former lover Kelley Cahill (“Kelley”) on its news show...
May The Look and Feel of the Tetris Video Game be Protected by The Copyright Act?
Is the look and feel of the Tetris video game distinguishable from the ideas of the game and therefore protectable? In Tetris Holding, LLC v. XIO Interactive, Inc., No. 09-6115 (D.N.J. May 30, 2012), the United States District Court for the District of New Jersey...
Will an American Franchisor Establishing in Canada Be Subject to Laws for Failing to Maintain Brand Strength?
American Franchisors should be aware of the special laws relating to establishing franchises in Canada. For example, the Quebec Civil Code attaches a contractual obligation to the franchisor of a franchise agreement to protect and enhance the franchise brand. In...
What Constitutes Home Improvement Under The Administrative Code of City of New York?
In Great Am. Restoration Services, Inc. v. Patricia Lenti, et al., 2012 NY Slip Op 03140 (N.Y.A.D. 2 Dept., April 24, 2012), the Supreme Court of New York, Appellate Division (Second Judicial Department), addressed whether, under New York City’s Administrative Code, a...
Will a Commercial Tenant Have to Pay Rent While The Landlord Makes Renovations to the Property That Cause The Tenant to be Constructively Evicted?
In 1561 Irving, LLC v. Francisca Lopez, A-1150-10T3 (N.J. Super. Ct. App. Div. August 2, 2012), the Appellate Division of the Superior Court of New Jersey was presented with the following question: if a landlord makes renovations to commercial property that it leases,...
Does 18 U.S.C. 2257 Apply To A Sims Cartoon Movie?
Recently, an enterprising producer of adult content created a pornographic film utilizing the Sims cartoon characters. While of course, this is likely a trademark and copyright violation – since it is doubtful that the owners of the Sims software would license...
Is a Face Tattoo Displayed on a Character in a Film Protected Under the Copyright Law?
The Eastern District of Missouri recently denied a tattoo artist’s request for a preliminary injunction against Warner Brothers’ release of the Hangover II. Whitmill v. Warner Bros. Entertainment Inc., 11-cv-00752 (E.D. Mo. April 28, 2011).In that case, artist...
May a Texas Nonprofit Organization Use Charitable Donations for Personal Use?
In December 2011, Texas Attorney General Greg Abbott (“Abbott”) sued the Texas Highway Patrol Association (“THPA”), the Texas Highway Patrol Museum, THPA Services, Inc. and several senior THPA officials (collectively “THPA and Affiliates,” separately...
May a Party Be Bound to an Executed Operating Agreement That Was Not Intended to Be Final?
In Fabrau, L.L.C. v. Prashant Shah, et. al., No. A-4464-10T3 (N.J. Super. Ct. App. Div. July 11, 2012), the Appellate Division of the Superior Court of New Jersey was presented with the following question: Should parties be bound by an executed operating agreement...
Does New Jersey Recognize the Presumed Damages Doctrine in Internet Defamation Claims?
In W.J.A. v. D.A., No. A-77-10 (May 16, 2012), the New Jersey Supreme Court addressed the question of whether the doctrine of presumed damages applies over the Internet.That case surrounds Wayne Anderson (“Wayne”), a New Jersey man who was cleared of sexual abuse...
What Elements Need to be Satisfied Under New York Law to State an Unjust Enrichment Claim?
To state a claim for unjust enrichment in New York, a plaintiff must establish that a) the defendant benefitted; b) the defendant benefited at the plaintiff’s expense; and c) that equity and good conscience require restitution. Tasini v. AOL Inc., No. 11 Civ....