Dastar Corp. v. Twentieth Century Fox Film Corp.
539 U.S. 23 (2003) Cited 736 times 20 Legal AnalysesHolding that federal trademark law helps assure the mark holder that it "will reap the financial, reputation-related rewards associated with a desirable product" rather than an imitator (quoting Qualitex Co. v. Jacobson Prods. Co. , 514 U.S. 159, 163–164, 115 S.Ct. 1300, 131 L.Ed.2d 248 (1995) )
Bonito Boats, Inc. v. Thunder Craft Boats, Inc.
489 U.S. 141 (1989) Cited 566 times 16 Legal AnalysesHolding that a state law prohibiting people from copying unpatentable boat hull designs was preempted because it sought to provide patent-like protection to boat designs not protectable by patent laws and it "contravenes the ultimate goal of public disclosure and use that is the centerpiece of federal patent policy"
Foster v. Churchill
87 N.Y.2d 744 (N.Y. 1996) Cited 628 timesHolding that acts in furtherance of an economic interest defeat claims for tortious interference with a contract
White Plains v. Cintas Core
2007 N.Y. Slip Op. 3591 (N.Y. 2007) Cited 350 times 2 Legal AnalysesHolding that economic interest defense is available, inter alia, "where defendants were significant stockholders in the breaching party's business; where defendant and the breaching party had a parent-subsidiary relationship; where defendant was the breaching party's creditor; and where the defendant had a managerial contract with the breaching party at the time defendant induced the breach of contract with plaintiff."
Fourth Ocean v. Interstate
66 N.Y.2d 38 (N.Y. 1985) Cited 374 timesHolding that a party other than the contracting parties may enforce a contract only where "the language of the contract . . . clearly evidences an intent to permit enforcement by the third party"
Pure Power Boot Camp, Inc. v. Warrior Fitness Boot Camp, LLC
813 F. Supp. 2d 489 (S.D.N.Y. 2011) Cited 141 times 2 Legal AnalysesHolding that defendants' violation of SCA was neither willful nor intentional because there was no basis to conclude that defendants were "aware of the statute, or knew that their conduct was otherwise unlawful"
Beckman v. U.S. Postal Service
79 F. Supp. 2d 394 (S.D.N.Y. 2000) Cited 156 timesHolding that it is inappropriate to raise new claims at the summary judgment stage
Strauss v. Belle Realty Co.
65 N.Y.2d 399 (N.Y. 1985) Cited 234 timesHolding utility company owed no duty to noncustomer tenant injured in a fall in the common area of apartment building for negligent failure to restore power after a power outage
Lyman v. CSX Transportation, Inc.
364 F. App'x 699 (2d Cir. 2010) Cited 111 timesHolding district court did not abuse discretion in refusing to consider new claims where complaint did not put defendant on notice of said claims
Gameologist Group, LLC v. Scientific Games International, Inc.
838 F. Supp. 2d 141 (S.D.N.Y. 2011) Cited 56 timesHolding this factor in favor of the defendant given the plaintiff's failure to offer evidence
Section 1125 - Postpetition disclosure and solicitation
11 U.S.C. § 1125 Cited 1,077 times 12 Legal AnalysesRequiring court approval of the disclosure statement prior to plan confirmation