Axinn Successfully Defeats a Motion to Dismiss on Behalf of Pro Bono Client
May 10, 2018
Axinn successfully defeated a motion to dismiss in a Copyright Act action for a pro bono client in the District Court for the Northern District of New York.
The case, brought through Axinn’s partnership with Volunteer Lawyers for the Arts seeks damages and injunctive relief against the client’s former partner and co-singer/songwriter. The complaint alleges that the Defendant attempted to obstruct and reduce the client’s right to royalties for songs he wrote and co-wrote. The Defendant moved to dismiss the case for failure to state a claim and lack of subject matter jurisdiction. The court denied the Defendant’s motion to dismiss, finding that the complaint pleaded sufficient facts to state a claim of copyright infringement under the Copyright Act, granting the court jurisdiction over both federal and state claims.
The Axinn team included partner Nick Gaglio. The case is McLoughlin v. Powers, 17-cv-1070 (N.D.N.Y.).
To subscribe to our publications, click here.
Featured Insights
Featured Insights
Consumer Brands CPG Legal Forum 2026
Speaking Engagement
NBA CLS 39th Annual Corporate Counsel Conference
Sponsorship
Antitrust
New Frontiers of Antitrust – 16th Annual International Conference of Concurrences Review
Speaking Engagement
Antitrust
GCR Live Global: Navigating the Future of Antitrust 2026
Speaking Engagement
Antitrust
Axinn Earns Top Antitrust Rankings Coast to Coast in GCR 100
Awards & Recognitions
Why Should I Care About Property Controls?
Speaking Engagement
Antitrust
What’s the Score, Your Honor? Conversation With Judge Richard Boulware
Podcast
LCA Renaissance Symposium XIX 2025
Speaking Engagement
Antitrust
Stakeholders 25th Annual CYOC Career Development Conference
Sponsorship
Antitrust
Japan Competition Law Update
Axinn Viewpoints
Antitrust
