McGhan v. Ebersol

How courts have described this case

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

• holding that no joint management control existed where one party’s “powers and responsibilities were limited by [the other] and [the former] was not able to operate outside of [the latter’s] direction and control”
• inability to operate outside of alleged joint venturer’s direction and control establishes that the element of joint control and management was unsatisfied
• plaintiff’s “belief that the show would not involve a loss does not represent proof of any agreement to share profits or losses”
• a party's inability to exert control over another's decision-making demonstrates that joint control is lacking
• an implied-in-fact agreement may be based upon industry custom regarding the submission and use of ideas
• plaintiff cannot claim an idea is novel if defendant has already used the idea

Source: CourtListener parenthetical corpus (CC0).