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Sept 24, 2013

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Photog Sued AfroPunk Fest But Had Experts Disallowed So SDNY Trial Canceled PI Mulled

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Oct 30 –   Photographer Mambu Boyoh sued Afropunk Fest 2015 for allegedly violating his copyright. Now the case is nearing trial, but might be derailed if his experts are disallowed. 

  On October 22 U.S. District Court for the Southern District of New York Judge Denise L. Cote held a final pre-trial conference. Inner City Press covered it.

  Judge Cote asked about prospective witnesses, disallowing some as being put forward too late. She reserved judgment on the plaintiff's experts, while noting that without them, it would be hard for a jury to impose damages.

  Then on October 26 Judge Cote ruled that the two experts are excluded. The survey evidence is irrelevant; the other expert invites speculation, Judge Cote ruled. She asked why she should not now dismiss the case.

  Bayoh on October 27 responded that he can still seek a permanent injunction against the use of his photographs.

  Now the trial has been canceled and Judge Cote held another phone conference on October 30, talking preliminary injunctions. In fact, Judge Cote was prepping another trial. The SDNY doesn't sleep.

The case is KNF Bayoh v. Afropunk Fest 2015 LLC et al., 18-cv-5820 (Cote)


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