Supreme Court Report

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Alexander Graham-Sult, et al. v. Nicholas P. Clainos

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-17204, 16-16768, 16-17083 · judgment December 13, 2017


Certiorari denied · May 29, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

I. Whether the “instance and expense” test for determining copyright authorship between the commissioning party and the artist under the work-for-hire doctrine is properly used to determine copyright ownership as between the commissioning party and the commissioning party’s wholly-owned corporation, under the Copyright Acts of 1909 and 1976. II. Whether the Court of Appeals, in refusing to hold a fiduciary accountable for the loss of valuable estate assets belonging to rock and roll concert promoter Bill Graham, failed to view evidence at summary judgment in light most favorable to petitioners as nonmoving parties.

Counsel of record

For petitioner
Karl Olson
Cannata, O'Toole, Fickes & Olson LLP

For respondent
Zia F. Modabber
Katten Muchin Rosenman, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 29 2018
    Petition DENIED.
  2. May 08 2018
    DISTRIBUTED for Conference of 5/24/2018.
  3. Apr 27 2018
    Waiver of right of respondent Nicholas Clainos to respond filed.
  4. Apr 23 2018
    Petition for a writ of certiorari filed. (Response due May 25, 2018)