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11 Apr 2010, 3:46 pm by Ray Dowd
April 5, 2010), the Second Circuit held for the first time that a district court may compare the registered copyrighted materials annexed to the complaint to the allegedly infringing materials, enter a finding of non-infringement as a matter of law, and throw the case out on a Rule 12(b)(6) motion for failure to state a claim.Ordinarily the facts alleged on the face of a Rule 12(b)(6) motion are assumed to be true in the earliest stage of a litigation.District courts within the… [read post]
11 Apr 2010, 12:57 pm by Ray Dowd
"  More hereLawsuit - Van Gogh Stolen By Swiss Art Dealer Copyright Litigation Handbook (West 4th Ed. 2009) by Raymond J. [read post]
11 Apr 2010, 10:00 am by Ray Dowd
  In my Copyright Litigation Handbook (West 4th Ed. 2009), Chapter 10 is titled "Removal from State Court and Preemption. [read post]
9 Apr 2010, 10:08 am by MacIsaac
Stuesser in The Law of Evidence (4th ed. 2005), at p. 29, and, as the authors point out, is well captured in the following statement of Cory J. in R. [read post]
8 Apr 2010, 11:01 am by Steve Hall
.) -- responded with a scathing letter to panel Chairman Patrick J. [read post]
31 Mar 2010, 4:07 pm by Ray Dowd
 Kreder organized in Washington DC on a US Commission on Nazi-Looted Art here.Copyright Litigation Handbook (West 4th Ed. 2009) by Raymond J. [read post]
31 Mar 2010, 6:05 am by Sheppard Mullin
However, all of that may change as a result of related class action lawsuits filed by former Arizona State and Nebraska quarterback Sam Keller and former UCLA basketball star Ed O’Bannon. [read post]