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· 8/6/1992

Harris O. Schoenberg v. Shapolsky Publishers, Incorporated, Ian Shapolsky and Steimatzky Publishing of North America, Inc., Samuel A. Abady, Esq.

Citations

  • 971 F.2d 926
  • 23 U.S.P.Q. 2d (BNA) 1831
  • 23 Fed. R. Serv. 3d 986
  • 119 A.L.R. Fed. 723
  • 1992 U.S. App. LEXIS 18455

How courts have described this case

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

  • holding that imposition of coercive sanctions could not be upheld where attorney could not comply with the court’s discovery order because he was no longer counsel to the Publishers
  • finding a facial allegation of infringement was insufficient to confer federal jurisdiction, instead, district courts were required to must go behind the face of the complaint and use a three-part test to determine the true “essence” of the complaint
  • motion for Rule 11 sanctions not sufficient to put party on notice that order of contempt was being considered under Rule 37
  • motion for Rule 11 sanctions not sufficient to put party on notice that order of contempt was being considered under Rule 37
  • \The question of whether the breach of a contract licensing or assigning a copyright gives rise to a federal cause of action under the Copyright Act is a complex issue in a 'murky' area.\
  • “The question of whether the breach of a contract licensing or assigning a copyright gives rise to a federal cause of action under the Copyright Act is a complex issue in a ‘murky’ area.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Pratt, Altimari, Friedman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.