Litman v. Goldberg — Case Walkthrough
Case: Index No. 524343/2025 (NY Sup. Ct., Kings County)
Purpose: Walk counsel through the case we recommend. Counsel decides whether to adopt it.
Step 1: The Case We Recommend
The Theory
Surviving claim: NY Civil Rights Law §§ 50–51 — unauthorized use of name for advertising or trade.
Core argument: Goldberg personally participated in using Litman's name on patents and the firm website after Litman's authority ceased (6/15/2020). Under LLC Law § 609 and Turane v. MGN, LLC, an LLC member is personally liable when they personally participate in the tort.
What the judge said (Dec 5, 2025): Enough at this stage to show a potential triable issue as to whether Goldberg acted in his personal capacity.
Key Dates
| 6/15/2020 | Litman's authority ceased |
| 6/14/2023 | Arbitration |
| 7/21/2024 | SOL-safe cutoff (12 exhibits) |
| June 2025 | Website still showed Litman as "PATENT ATTORNEY" |
Step 2: Legal Framework
Statutes & Case Law to Cite
| Authority | Use |
|---|---|
| Civil Rights Law § 50 | Bars use of name for advertising/trade without consent |
| Civil Rights Law § 51 | Suit against person doing the use; damages + exemplary for knowing use |
| LLC Law § 609 | Member not liable solely due to LLC status — but liable when they personally participate |
| Turane v. MGN, LLC, 171 A.D.3d 835 | LLC members personally liable when they personally participate in the tort |
Step 3: Evidence
Strongest Evidence Start Here
- Goldberg's signatures — POA forms (4), assignment cover sheets (3 with dockets). Goldberg filed; when patent issues, Litman on Line 74 — Goldberg trading off Litman's name. POA PDFs • Best Evidence (docket table)
- IFEE — Goldberg's name appears in OCR of 18/18 forms. Caution: Package does not establish he was submitter without actual filing image. Results • IFEE PDFs
- 12 post-7/21/24 patents — SOL-safe. Exhibit A PDF • List
- Website — Litman "PATENT ATTORNEY" through June 2025. Screenshots
- 905 patents since 6/15/2020 — Scale. Chart • List
Evidence → Personal Participation
Each item above shows Goldberg personally signed, submitted, directed, or approved the use of Litman's name. That's the Turane hook.
Step 4: Paint by Numbers
Elements to Prove
| Element | Evidence |
|---|---|
| Use of name | 905 patents; website |
| For advertising/trade | Patent prosecution; firm website |
| Without consent | Authority ceased 6/15/2020 |
| Goldberg personally participated | POA; assignments; IFEE 18/18; Line 74; website |
| Knowing use | Post-arbitration; continued through 2025 |
Key Phrases for Briefs
- "Goldberg personally signed Power of Attorney forms"
- "Goldberg personally submitted assignment cover sheets"
- "Goldberg's name in 18 of 18 Issue Fee Payment forms"
- "Goldberg, as Co-Managing Partner, controlled the firm website"
- "Personal participation in the tort" (Turane)
Step 5: Documents & Next Steps
For Counsel
- Counsel Quick Start — One-page overview
- RFP & BOP Feedback Memo — Compliance fixes, personal-participation framing
- RFP Compliance Checklist — Action items from feedback
- Personal Participation Inserts — Suggested RFP language
- Case Paint by Numbers — Legal framework, citations, argument structure
- Best Evidence Memo — Top 6 exhibits
- Defense Report — Full narrative
- Evidence → RFP Mapping — What to produce
- BOP Patent List — For Bill of Particulars
- Manual Lookup — If API failed (docket/CN)
Full Evidence Index
Evidence Explorer — Complete file index with all reports and data.
Litman v. Goldberg — Case Walkthrough. This is advice for counsel. Counsel decides whether to adopt. Final filings must be drafted by a licensed attorney.