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Clayton Prince Tanksley v. Lee Daniels, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 17-2023 · judgment August 28, 2018


Certiorari denied · February 19, 2019
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below.

Question presented

  1. The question presented is whether the trial court should engage in a substantive analysis and determination regarding substantial similarity as a matter of law at the pleading stage of the proceedings, without discovery, cross examination of witnesses, and expert testimony, where, as in the case sub judice, the Petitioner has stated a valid prima facie cause of action, has an admittedly valid copyright, has demonstrated (with uncontested) access and probative similarity, and has alleged facts that satisfy the lay-observer test?

  2. Whether the Court of Appeals erred in affirming the District Court’s grant of Respondents’ Motions to Dismiss, even though Petitioner had stated a valid prima facie cause of action for direct copyright infringement, thereby depriving Petitioner of his right to a jury trial as guaranteed by the 7th Amendment of the United States Constitution?

  3. Whether Petitioner should have been permitted to amend his Second Amended Complaint?

Counsel of record

For petitioner
Mary Elizabeth Bogan
BOGAN LAW GROUP, LLC

For respondent

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 15 2019
    Rehearing DENIED.
  2. Mar 27 2019
    DISTRIBUTED for Conference of 4/12/2019.
  3. Mar 18 2019
    Petition for Rehearing filed.
  4. Feb 19 2019
    Petition DENIED.
  5. Jan 16 2019
    DISTRIBUTED for Conference of 2/15/2019.
  6. Nov 26 2018
    Petition for a writ of certiorari filed. (Response due December 31, 2018)