23 Cited authorities

Colon v. Coughlin
58 F.3d 865 (2d Cir. 1995) Cited 3,651 times 4 Legal Analyses
Holding that a verified complaint is treated as an affidavit for summary judgment purposes and "considered in determining whether material issues of fact exist"
Holtz v. Rockefeller Co., Inc.
258 F.3d 62 (2d Cir. 2001) Cited 2,749 times 1 Legal Analyses
Holding that a court "may in its discretion opt to conduct an assiduous review of the record even where one of the parties has failed to file" the Southern District of New York equivalent of a Rule 56 statement
Major League Baseball v. Salvino
542 F.3d 290 (2d Cir. 2008) Cited 911 times
Holding adequate foundation for business records exception laid in similar affidavit
Fitzgerald v. Henderson
251 F.3d 345 (2d Cir. 2001) Cited 803 times
Holding that a plaintiff may not rely on a continuing violation theory if she has not asserted it in her administrative proceedings
Senno v. Elmsford Union Free Sch. Dist.
812 F. Supp. 2d 454 (S.D.N.Y. 2011) Cited 344 times
Holding that a party's failure to address an argument in its opposition papers “operates as an abandonment of the argument”
Baity v. James F. Kralik & Cnty. of Rockland
51 F. Supp. 3d 414 (S.D.N.Y. 2014) Cited 236 times
Holding that plaintiff's response to defendant's Rule 56.1 Statement failed to comply with the rule because “counsel neither admits nor denies a particular fact, but instead responds with equivocal statements such as: ‘Admit, but defendant omits the balance of plaintiff's testimony'”
Graham v. James
144 F.3d 229 (2d Cir. 1998) Cited 258 times 1 Legal Analyses
Holding that when "the contested issue is the scope of a license, rather than the existence of one, the copyright owner bears the burden of proving that the defendant’s copying was unauthorized under the license."
Davis v. Blige
505 F.3d 90 (2d Cir. 2007) Cited 196 times 1 Legal Analyses
Holding that “ valid license ... immunizes the licensee from a charge of copyright infringement, provided that the licensee uses the copyright as agreed with the licensor”
T.B. Harms Company v. Eliscu
339 F.2d 823 (2d Cir. 1964) Cited 410 times
Concluding that state law controls in actions to enforce or rescind assignments of copyrights
Flaherty v. Filardi
No. 03 Civ. 2167 (LTS) (HBP) (S.D.N.Y. Jan. 24, 2007) Cited 98 times
Disregarding inadmissible portions of plaintiff's affidavit in analyzing motion for summary judgment
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 344,113 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 327,863 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 201 - Ownership of copyright
17 U.S.C. § 201 Cited 946 times 25 Legal Analyses
Providing that copyright in a work "vests initially in the author"
Section 103 - Subject matter of copyright: Compilations and derivative works
17 U.S.C. § 103 Cited 562 times 8 Legal Analyses
Extending copyright protection to "compilations"

Narrative Ark Entertainment LLC v. Archie Comic Publications, Inc. et al

23 Cited authorities

Holding that a verified complaint is treated as an affidavit for summary judgment purposes and "considered in determining whether material issues of fact exist"

Holding that a court "may in its discretion opt to conduct an assiduous review of the record even where one of the parties has failed to file" the Southern District of New York equivalent of a Rule 56 statement

Holding adequate foundation for business records exception laid in similar affidavit

Holding that a plaintiff may not rely on a continuing violation theory if she has not asserted it in her administrative proceedings

Holding that a party's failure to address an argument in its opposition papers “operates as an abandonment of the argument”

Holding that plaintiff's response to defendant's Rule 56.1 Statement failed to comply with the rule because “counsel neither admits nor denies a particular fact, but instead responds with equivocal statements such as: ‘Admit, but defendant omits the balance of plaintiff's testimony'”

Holding that when "the contested issue is the scope of a license, rather than the existence of one, the copyright owner bears the burden of proving that the defendant’s copying was unauthorized under the license."

Holding that “ valid license ... immunizes the licensee from a charge of copyright infringement, provided that the licensee uses the copyright as agreed with the licensor”

Concluding that state law controls in actions to enforce or rescind assignments of copyrights

Disregarding inadmissible portions of plaintiff's affidavit in analyzing motion for summary judgment

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Providing that copyright in a work "vests initially in the author"

Extending copyright protection to "compilations"