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In a rare ruling, the Cinemark movie theater chain won the chance to keep litigating against its insurance company, seeking losses under a $500 million policy for business interruption from COVID-19. Federal District Judge Amos Mazzant of the Eastern District of Texas ruled that Cinemark Holdings’ allegations that COVID-19 entered its facilities — infecting 1,700 employees and physically changing the content of the air — were enough to survive Factory Mutual Insurance’s arguments that the case should face an early dismissal. Cinemark Holdings Inc. v. Factory Mutual Insurance Co., 4:21-cv-00011.
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How U.S. Tax Court Reached Its Decision on Michael Jackson’s Right of Publicity
By Stan Soocher
The significance of the U.S. Tax Court decision for celebrities and their estates is clear: Prior to now, as Tax Court Judge Mark V. Holmes noted: “We haven’t had a case directly addressing the taxability of the image and likeness.”
Rehearing Sought In 2d Circuit Finding of No Fair Use In Warhol Work
By Scott Graham
Maybe the U.S. Court of Appeals for the Second Circuit should have been a little more patient.
Dr. Luke Isn’t ‘Public Figure’ In Defamation Case Against Kesha
By Jason Grant
In a split decision that closely examined what constitutes a person being considered a limited public figure for the purposes of defamation standards, the New York Appellate Division, First Department, ruled that acclaimed music producer Lukasz “Dr. Luke” Gottwald is neither a general nor a limited public figure for the purposes of his defamation suit against famed singer Kesha, who has claimed Gottwald drugged and sexually assaulted her.
Novel TAA Claim Played Role In Agency’s Suit Against Athlete
By Ross Todd
When NBA star Jimmy Butler’s former sports agency sued him last year seeking a portion of the proceeds from a $5 million Nike endorsement contract, Butler’s lawyer didn’t just stick to playing defense.
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