Thursday, June 12, 2008

Settlement Parties to Petition Supreme Court

I have half-a-development to report: On June 4 the settlement parties (defendants plus plaintiffs) jointly applied to the U.S. Supreme Court for a 30-day extension of their deadline to ask the Court to hear an appeal of last November's ruling by the Second Circuit Court of Appeals.

The Second Circuit threw out the settlement on the grounds that the federal courts do not have jurisdiction over settlements including unregistered copyrights. The parties and we objectors disagree on the merits of the settlement, but agree that the Second Circuit's decision was wrong.

If the Supreme Court grants the extension (I'm told it routinely does), then the parties will have until August 13 to file the papers seeking certiorari.


Anonymous Anonymous said...

Hi Irv,

What are the chances that the Supreme Court would hear this case? I was told by an attorney that they only hear one percent of the cases that are filed. Do you have any information on this?

8:46 AM  
Anonymous Anonymous said...

Hi Irv,

Aug. 13 is almost here. Do we know if any of the parties have yet filed a petition of certiorari with the Supreme Court?

2:02 PM  
Blogger Irv Muchnick said...

Both the defendants and the plaintiffs have filed petitions for cert. In the near future I'll try to upload their briefs and I'll post my comments on them.

Irv Muchnick

5:15 PM  

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