Supreme Court of the United States · Official docket →
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
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
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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?
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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?
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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
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Case
Conference history
Distributed for 2 conferences
Proceedings
- Apr 15 2019Rehearing DENIED.
- Mar 27 2019DISTRIBUTED for Conference of 4/12/2019.
- Mar 18 2019Petition for Rehearing filed.
- Feb 19 2019Petition DENIED.
- Jan 16 2019DISTRIBUTED for Conference of 2/15/2019.
- Nov 26 2018Petition for a writ of certiorari filed. (Response due December 31, 2018)