· 4/11/1996
Papa's-June Music, Inc. v. McLean
Citations
- 921 F. Supp. 1154
- 39 U.S.P.Q. 2d (BNA) 1124
- 1996 U.S. Dist. LEXIS 4569
- 1996 WL 172290
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that that a lyricist’s act of endorsing royalty checks did not satisfy the writing requirement of 204(a
- holding that merely appending allegations about state of mind to the breach of contract claim is not sufficient to give rise to distinct fraud claim
- holding that where “the only fraud alleged arises out of the same facts that serve as the basis for the breach of contract claim” . . . the “fraud claim fails to state a claim for fraud on which relief can be granted”
- noting that the Second Circuit has explained that Section 204(a
- “dismissing fraud claim where ‘[t]he complaint does not allege a fraud claim that is sufficiently distinct from the breach of contract claim’ but ‘merely appends allegations about [defendant's] state of mind to the claim for breach of contract’”
- changing lyrics to make them more “singable” was a sufficient contribution
Source: CourtListener parenthetical corpus (CC0).
Judges: Cedarbaum
Read full opinion on CourtListenerSourced 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.