· 8/19/2009
J&J Sports Productions, Inc. v. 291 Bar & Lounge, LLC
Citations
- 648 F. Supp. 2d 469
- 2009 U.S. Dist. LEXIS 73565
- 2009 WL 2566954
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that “plaintiff has made no allegation that [individual defendant] was present for the violation, that he authorized or controlled it, or that he reaped commercial profit from it.”
- noting that, for individual liability to attach, “the complaint must establish that the individual had a right and ability to supervise the violations, as well as an obvious and direct financial interest in the misconduct”
- calculating damages based on “the number of patrons observed in the defendant establishment” and then multiplying that figure by a set amount
- “Section 605 vests the court with broad discretion in determining statutory damages.”
- “Although evidence was submitted to substantiate the costs for service of process, affidavits of service were filed reflecting service on both the individual and corporate defendant by a licensed process server, and the reimbursement requested is well within the norm.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dearie, Pohorelsky
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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