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
LegalNEXT 2025
Speaking Engagement
Antitrust
Informa Antitrust Texas 2025
Speaking Engagement
Antitrust
ACI Forum on Pharma & Biotech Patent Litigation USA 2025
Speaking Engagement
Intellectual Property
MCCA Gala 2025
Sponsorship
Antitrust
Centerforce IP Strategy Summit: Palo Alto
Speaking Engagement
Intellectual Property
Consero Healthcare General Counsel Forum 2025
Speaking Engagement
Antitrust
CCWC 21st Annual Career Strategies Conference
Speaking Engagement
Pro Bono Partnership 28th Anniversary Gala
Sponsorship
Antitrust
Ronald McDonald House New York Together in Gold Annual Gala
Sponsorship
Antitrust
Fordham 52nd Annual Conference on International Antitrust Law and Policy
Speaking Engagement
Antitrust