Halloween

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In Horror Inc. v. Miller, 15 F.4th 232 (2d Cir. Sept. 30, 2021), the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s decision holding that screenwriter Victor Miller held authorship rights with respect to the movie Friday the 13th. From the decision: This dispute concerns whether, for Copyright Act purposes, the…

Read More “Friday the 13th” Screenwriter Victor Miller Had Authorship Rights, Court Holds
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Just a friendly reminder that, under New York law, A person is guilty of grand larceny in the second degree [a class C felony] when he steals property and when: 1. The value of the property exceeds fifty thousand dollars; or 2. The property, regardless of its nature and value, is obtained by extortion committed…

Read More Trick or Treat, a/k/a Extortion?
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Happy Halloween! There are many instances of Halloween antics giving rise to litigation. As one (admittedly old) example, consider Daniels v. Manhattan and Bronx Surface Transit Operating Authority, 689 N.Y.S.2d 463, 464, 261 A.D.2d 115, 115 (N.Y.A.D. 1 Dept. 1999), in which the plaintiff sued a bus operator after being “struck in the left eye…

Read More Personal Injury Case Arising From Egg Thrown By “Halloween Miscreant” Dismissed
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Halloween is a fun holiday. Not so, however, for employees forced to endure sexual harassment during a company Halloween party. In Maher v. All. Mortg. Banking Corp., No. CV 06-5073 DRH ARL, 2010 WL 3516153 (E.D.N.Y. Aug. 9, 2010), report and recommendation adopted, No. 06 CV 5073 DRH ARL, 2010 WL 3521921 (E.D.N.Y. Sept. 1,…

Read More Sexual Harassment During Company Halloween Party Among Facts of Case Resulting in $170,000 Compensatory Damages Award
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I came across this and thought it was interesting, if only because it is believed to be the only time a U.S. Supreme Court Justice said “Happy Halloween” from the bench. During oral argument on October 31, 2005 in the case of Central Virginia Community College v. Katz, 126 S. Ct. 990 (2006), the following exchange took…

Read More Judge Scalia: Halloween Fan
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In honor of Halloween, I present to you Stambovsky v. Ackley, 169 A.D.2d 254 (App. Div. 1st Dept. 1991), the so-called “haunted house case”. There, the court – “moved by the spirit of equity” (that’s a quote) – allowed the buyer of an allegedly haunted house to seek rescission of the contract and recover his down payment.…

Read More Court: Ghosts Are Real! (Sort Of)
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