Attorney Joseph D. Nohavicka's Legal Cases

Patent infringement

BELFER COSMETICS, LLC v. NORDSTROM, INC., United States District Court, S.D. Texas, Houston Division. February 26, 2016

Feb 26, 2016

OUTCOME: Motion for Severance, Stay, and Transfer from TX to NY Granted

Patent infringement case involves a line of skin-care products designed to retard or reduce wrinkles. Belfer Cosmetics, LLC holds two patents, owned by William Belfer, on anti-aging skin products. Belf ... er alleges that Erno Laszlo, Inc. infringes the patents by selling an anti-aging line of products it designed, manufactured, and distributed. EL sells the product line through retailers, including Nordstrom, Inc. Read Here: https://www.leagle.com/decision/infdco20160317845

Litigation

Rinkiewicz v. Dugout, Inc. 116 A.D.3d 518 (1st Dep't 2014) NEW YORK

Apr 10, 2014

OUTCOME: Service proper -- judgment against Bar in assault case stands.

Service of process on corporation's manager of employees, who agreed to accept papers, was valid service even though he was not one of the corporate representatives identified in NY's rule governing se ... rvice on NY corporations.

Securities and investment fraud

Pellegrini v. Gooder, 8 Trials Digest 16th 24 (C.D. Cal. 2012)

Dec 21, 2012

OUTCOME: Defense Verdict

NY Investment Advisors sued by California customer under the Investment Advisor's Act of 1940, and alleged claims for fraud and breach of fiduciary duty. https://nylaw.files.wordpress.com/2012/12/goo ... der-decision.pdf

Construction and development

Orchid Constr. Corp. v Tablada 2012 NY Slip Op 51446(U) Decided on July 18, 2012 Appellate Term, Second Department

Jul 18, 2012

OUTCOME: Contractor Wins at Appellate Term

Contractor may not recover against homeowner without proper licensing; however, contractor may proceed against project manager that hired them for the job. Project manager is not a consumer. Read Ca ... se: https://law.justia.com/cases/new-york/appellate-term-second-department/2012/2012-ny-slip-op-51446-u.html

Commercial real estate

Westway Development LLC v. Chandra, (Supreme Court, NY 2012)

May 29, 2012

OUTCOME: Judgment in favor of U.S. investors: $7,132,782.67, plus attorney's fees.

Commercial Contract: CEO of Mumbai software company induced U.S. investment venture to invest in Global Depository Receipts.

Commercial real estate

Bekas v. Valiotis, 90 AD3d 687 (2d Dep't 2012)

Feb 01, 2012

OUTCOME: Pro Se's Case Reinstated

PN Represented Mr. Bekas, an erstwhile successful entrepreneur who suffered a reversal of fortune of a magnitude that only Hollywood could properly convey, triggered by the treachery of a close family ... friend. Our client sued but had his case dismissed because he did not have an attorney. Our Law Clerk a 3rd year New York Law School student, Socrates Xanthopoulos insisted we take this mans appeal. With Soc’s hard work on this extremely complex matter our firm scored a victory in the New York Appellate Division 2nd Department portending a reversal back to where our client should be. Read the decision here: http://www.nycourts.gov/reporter/3dseries/2011/2011_09077.htm

Intellectual property

Eyes of the World v. Boci, (Civ. Ct. NY Co. 2011)

Aug 19, 2011

OUTCOME: Restrictive Covenant Does Not Survive

“In order to be enforceable, an anticompetitive covenant ancillary to an employment agreement must be reasonable in time and area, necessary to protect the employer’s legitimate interests, not harmful ... to the public, and not unreasonably burdensome to the employee[.] … Restrictive covenants are generally frowned upon by courts due to public policy considerations that seek to prevent restrictions on a person’s livelihood[.] … Consequently these covenants[] will be enforced only if reasonably limited temporally and geographically and then only to the extent necessary to protect the employer from unfair competition which stems from the employee’s use or disclosure of trade secrets or confidential customer lists, or if the employee’s services are unique or extraordinary[.]“ Read Case: http://nylawyer.nylj.com/adgifs/decisions/082611chan.pdf

Corporate and incorporation

Matter of Paraskevopoulos v Stavropoulos, 65 AD3d 1153 (2d Dep't 2009)

Sep 15, 2009

OUTCOME: Elections upheld below and affirmed at the Appellate Division

Defending a Not-for-Profit corporation in a proceeding brought to set aside the results of an election.

Litigation

Kirkorov v. Justices of Supreme Court of Queens County, 32 A.D.3d 430 (2d Dep’t 2006) NEW YORK

Aug 08, 2006

OUTCOME: Prohibition/Mandamus and Stay of Trial Denied

This was a proceeding pursuant to CPLR article 78 in the nature of prohibition and mandamus, to prohibit Robert C. McGann, a Justice of the Supreme Court, Queens County, from proceeding with the trial ... in a criminal action entitled People v. Kirkorov, pending in the Supreme Court, Kings County, Representing Country–Wide Insurance Company, that was named as a respondent, I filed a motion to dismiss and opposed the stay so that we could continue litigation on a fraud action. The court ruled: “Because of its extraordinary nature, prohibition is available only where there is a clear legal right, and then only when a court—in cases where judicial authority is challenged—acts or threatens to act either without jurisdiction or in excess of its authorized powers” Similarly, the extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only when there exists a clear legal right to the relief sought.

Commercial real estate

A.B. Medical Services PLLC v. Highlands Ins. Co., 4 Misc.3d 1020A, 791 N.Y.S.2d 867 (Civ. Ct. N.Y. Co. 2004)

Feb 26, 2004

OUTCOME: Texas stay enforced in NY.

Enforcement of Foreign Judgment/Receivership/Comity: Texas insurance company doing business in NY went into receivership administered by TX court, which issued a nationwide stay in favor of the insurer ... . Court noted that while only Louisiana courts have specifically ruled on whether Texas is a reciprocal state under the UILA, holding that Texas does not qualify, even if the New York court did not afford Texas reciprocal state status, the court may extend comity to Texas by enforcing the Texas Order’s stay. Finding the UILA's purpose is to break down the differentiation among the states which prevented some of them from extending comity to other states in the liquidation of non-domiciliary insurers, the New York court recognized the Texas order. https://law.justia.com/cases/new-york/other-courts/2004/2004-50978.html

Joseph D. Nohavicka's Legal Cases (10)

BELFER COSMETICS, LLC v. NORDSTROM, INC., United States District Court, S.D. Texas, Houston Division. February 26, 2016

Rinkiewicz v. Dugout, Inc. 116 A.D.3d 518 (1st Dep't 2014) NEW YORK

Pellegrini v. Gooder, 8 Trials Digest 16th 24 (C.D. Cal. 2012)

Orchid Constr. Corp. v Tablada 2012 NY Slip Op 51446(U) Decided on July 18, 2012 Appellate Term, Second Department

Westway Development LLC v. Chandra, (Supreme Court, NY 2012)

Bekas v. Valiotis, 90 AD3d 687 (2d Dep't 2012)

Eyes of the World v. Boci, (Civ. Ct. NY Co. 2011)

Matter of Paraskevopoulos v Stavropoulos, 65 AD3d 1153 (2d Dep't 2009)

Kirkorov v. Justices of Supreme Court of Queens County, 32 A.D.3d 430 (2d Dep’t 2006) NEW YORK

A.B. Medical Services PLLC v. Highlands Ins. Co., 4 Misc.3d 1020A, 791 N.Y.S.2d 867 (Civ. Ct. N.Y. Co. 2004)