Joseph Frank Bianco
Judge Bianco no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Bianco decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In copyright cases he isolates protectable expression from general ideas and stock elements, and will resolve substantial similarity at summary judgment when the works' protected features are too dissimilar for a rational factfinder to find infringement.
“the Court concludes that any similarities between the works concern only non-copyrightable elements of plaintiffs work and, in any event, no rational trier of fact could possibly find that the works are substantially similar.”
Procedural preferences
For preliminary injunctions, unexplained delay is treated as concrete evidence against irreparable harm, even before the court reaches the merits.
“bringing the preliminary injunction motion — namely, over 18 months after plaintiff became aware of defendant’s product, and approximately 5 months after settlement discussions broke down.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the motion to, dismiss defendants Grammnet Productions and Stark for lack of personal jurisdiction is denied.”
“defendants are entitled to summary judgment on the copyright claim.”
“That application is granted, and plaintiff will have 30 days to submit a second amended complaint”
“the Court denies plaintiffs motion for summary judgment in its entirety”
“grants defendant’s motion in part and denies it in part.”
“the Court grants the Village defendants’ motion for reconsideration on the malicious abuse of process claim and the Court grants summary judgment in favor of defendant Nudo on that claim based upon qualified immunity. The Court denies the Village defendants’ motion for reconsideration of the Court’s denial of summary judgment on the Fourth Amendment claim”
“the plaintiff and Bud-K’s motions for partial summary judgment are denied”
“the County defendants’ motion for summary judgment is granted.”
“defendants’ motion and plaintiffs cross-motion for summary judgment on their respective breach of contract claims are denied.”
“the cross-motions for summary judgment are denied in their entirety.”
“the Wood-mere defendants’ motion to dismiss is denied.”
“the Court denies plaintiffs motion for sanctions against counsel for the Woodmere defendants.”
“defendants’ motion to dismiss plaintiffs complaint, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, is granted.”
“the Court grants defendants’ motion to dismiss the complaint in its entirety as it relates to plaintiffs federal claims.”
“the Court denies defendants’ motion for summary judgment with respect to plaintiffs race and age discrimination claims, but grants defendants’ motion with respect to plaintiffs disability discrimination claim.”
“the Court grants in part and denies in part defendant’s motion to compel arbitration.”
A historical record
Judge Bianco no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.