No. 18-1167
Sam Francis Foundation, et al. v. Sotheby's, Inc., et al.
Response Waived
Tags: attorney-fees civil-procedure copyright-act copyright-preemption discretionary-standard federal-copyright-act federal-copyright-law federal-jurisdiction legal-standard preemption procedural-interpretation state-statute uniformity
Latest Conference:
2019-03-29
Question Presented (from Petition)
Where an action is brought under a state statute preempted by section 301(a) the Copyright Act of 1976, 17 U.S.C. § 101, et seq., Pub. L. No. 94-553, 90 Stat. 2541 (1976) ("Copyright Act"), is the action regarded as one under the Copyright Act?
More specifically, where the aforementioned state statute provides that the prevailing party shall recover attorney's fees, and is held to be preempted by the Copyright Act, does the discretionary standard under section 505 of the Copyright Act, 17 U.S.C. § 505, govern the award of attorney's fees in the action?
Question Presented (AI Summary)
Where an action is brought under a state statute preempted by section 301(a) the Copyright Act of 1976
Docket Entries
2019-04-01
Petition DENIED.
2019-03-13
DISTRIBUTED for Conference of 3/29/2019.
2019-03-11
Waiver of right of respondent eBay Inc. to respond filed.
2019-03-11
Waiver of right of respondent Sotheby's, Inc. to respond filed.
2019-03-04
Petition for a writ of certiorari filed. (Response due April 8, 2019)
Attorneys
eBay Inc.
John Charles Dwyer — Cooley LLP, Respondent
SAM FRANCIS FOUNDATION, et al.
Eric Marc George — Browne George Ross LLP, Petitioner
Sotheby's, Inc.
Deanne Elizabeth Maynard — Morrison & Foerster, Respondent