Elmer Bernstein v. Universal Pictures, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• \[L]ack of jurisdiction is so fundamental a defect that the rule permits a judge to recognize it sua sponte at any time.\
• “[L]ack of jurisdiction is so fundamental a defect that the rule permits a judge to recognize it sua sponte at any time.”
• “[A] district court should be alert to terminate an action under Rule 12(h)(3) when lack of subject matter jurisdiction becomes apparent.”
• composers’ status as independent contractors indicated by their being paid for completed song
• although composers contracted for a specific output, they worked at their own pace at home and were not subject to day-to-day supervision, suggesting independent contractor status because the principal had no right to control the manner of performance

Source: CourtListener parenthetical corpus (CC0).