Not Exactly the Remedy Plaintiff Had In Mind: Federal Judge Denies Injunctive Relief Against Alleged Unicorn Trademark Infringers, Observing Public Health Crisis is Real, But Unicorn Crisis is Not

Art Ask Agency v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, No. 20-cv-01666 (N.D. Ill.)


Plaintiff sought an emergency order to bring to a halt alleged infringement on unicorn and elf designs, which if granted would involve third parties domestically and internationally.  The federal court, strapped for resources in light of declared national and state emergencies, brooked plaintiff no mercy when, having been advised that the court would not schedule the hearing as plaintiff requested, plaintiff renewed its demand.

The court’s pointed opinion serves not only as a shot across the bow to litigants demonstrating extraordinary, yet imprudent, zeal in extraordinary times, but offers homespun 19th century legal wisdom:  “About half the practice of a decent lawyer consists in telling would-be clients that they are damned fools and should stop.” 1 Jessup, Elihu Root 133 (1938). Hill v. Norfolk and Western Ry. Co., 814 F.2d 1192 (7th Cir. 1987).

Sure to be quoted to litigants and clients alike in coming days.

Just Lawful Chortles, But Frets:  The trial court was well within reason to put counsel on notice that repeatedly pressing its cause would not work, and particularly not in times of emergencies of the court’s and the nation’s own.  Through the quote from Root the court did, in fact, offer counsel a way to soften the blow to the client, albeit sardonically.  

Yet the reliance on ‘national emergency’ may itself soon wear thin.  At the heart of this case, and the court’s order, is the issue of enforceability, not pestiness.  Courts do not like to issue orders that cannot be effectuated, and rightly so. This is particularly true of orders that would affect entities not before the court, which would occur if the relief requested by Art Ask Agency were granted. It would not have consumed a great deal of judicial resources to mention this in the order denying reconsideration of the scheduling order. 

Although counsel everywhere will no doubt make use of this opinion to illustrate to clients what approach not to take at present, no one, and we may hope the courts included, looks forward to expansion of the “national emergency” rationale to cause even further limitations on the process of the courts.

Art Ask Agency v. The Individuals, et al., No. 20-cv-1666 (N.D. Ill.).

 

Not Without Merit: Federal Court in New York Allows Student Accused of Sexual Assault to Proceed with Defamation Case

Goldman v. Reddington, No. 18-cv-3662 (E.D.N.Y.)  Motion to Dismiss denied September 27, 2019.


Alex Goldman and Katherine Reddington were students at Syracuse University whose overnight encounter following a party ended with Reddington sensing that something had gone awry, although she had no recollection of assault until after psychotherapy months later.  Reddington obtained a physical examination which produced no evidence of assault. The district attorney declined prosecution for lack of evidence.  

However, Syracuse University took note of Reddington’s Title IX allegations and expelled Goldman, who subsequently enrolled in another university and sought employment with an engineering firm.

Goldman’s complaint states that Reddington boasted of succeeding in her case against Goldman on campus at Syracuse and online, and that she either posted or republished online comments calling him a ‘monster.’  Those comments, which attracted attention and public commentary, were tagged to Goldman’s new school and employer.

Goldman was summarily fired from his job.

The United States District Court for the Eastern District of New York has rejected Reddington’s argument that Goldman failed to plead facts sufficient to establish defamation or tortious interference with business relations and declined to address Reddington’s argument that an injunction against further commentary would violate her First Amendment rights, as a motion to dismiss addresses the complaint and not the remedies sought.  

The court did not agree with Reddington’s defense that she had offered non-actionable opinion about Goldman where that opinion was premised upon defamatory accusations of criminal conduct.  

Reddington’s tagging or republication of online posts she claims did not originate with her are not insulated from liability, the court held, for republication of defamatory material is itself actionable. 

Moreover, Goldman could go forward on his claim of tortious interference with business relationships as the claim can be premised on defamation.

Goldman v. Reddington, No. 18-cv-3662 (E.D.N.Y.) September 27, 2019

 

Wrongful Termination Case Cannot Proceed in Federal Court Where No First Amendment Rights Attach to Private Employment Disputes and Defense Cannot Confer Jurisdiction Otherwise Lacking

Cox v. Bishop England High School, et al., No. 2:19-cv-002202 (D. S.C.) September 17 2019.


A First Amendment claim regarding wrongful termination is insufficient to confer federal jurisdiction over the case, as Congress has not extended First Amendment protections to private workplaces.  Under the well-pleaded complaint rule, the assertion of defenses grounded in federal constitutional law will not, without more,transform a state law complaint into a federal one.

Cox v. Bishop England High Sch. (D. S.C., 2019)