“Judicial Notice” is a process which may be used to have certain matters accepted at trial as established, without the necessity of formal proof. It comes in two forms: (1) judicial notice of facts; and (2) judicial notice of law. See generally, Guide to NY Evidence, Article 2; Federal Rule of Evidence 201. Judicial Notice…
Read More Judicial Notice in New York PracticeIn Coston v. Product Movers, 1990 WL 56516 (E.D.Pa. 1990), a copyright infringement action, the court held that the “idea of Santa Claus” is not protectible, and additionally provides us, via the legal mechanism of “judicial notice”, the following historical background: Pursuant to Fed.R.Evid. 201, I take judicial notice of the fact that Santa Claus…
Read More Court Takes Judicial Notice of Santa Claus’ HistoryIn Chaney v. Starbucks Corporation, 2015 WL 3883251 (SDNY June 23, 2015), a trip-and-fall case, the Southern District of New York granted Starbucks’ motion for summary judgment dismissing the case. The facts, from the opinion: On August 9, 2013, plaintiff John Chaney went to a Starbucks café in the Bronx for lunch. Upon entry, he…
Read More Starbucks Granted Dismissal in Phone Charger Trip/Fall Case