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· 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 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.