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Reed Elsevier, Inc. v. Muchnick, 08-103 - FindLaw US Supreme Court Center

Supreme Court Docket


[Download October 2009 Argument Calendar PDF]

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Reed Elsevier, Inc. v. Muchnick
No. 08-103

Title:

    Reed Elsevier, Inc. v. Muchnick

Subject:

    Intellectual Property, Copyright

Questions:

    1. Whether the usual power of lower courts to approve a comprehensive settlement releasing claims that would be outside the courts' subject matter jurisdiction to adjudicate, confirmed in Matsushita Elec. Indus. Co. v. Epstein, 516 U.S. 367 (1996), was eliminated in copyright infringement actions by 17 U.S.C. § 411(a).

    2. Whether the Second Circuit erred by ignoring the assurance in New York Times Co. v. Tasini, 533 U.S. 483, 505 (2001), that the problem of compromised electronic news archives could be remedied by "[t]he Parties (Authors and Publishers [entering] into an agreement allowing continued electronic reproduction of the Authors' works . . . and remunerating authors for their distribution."

Decision Below:

  • U.S. Court of Appeals, 2d Circuit, No. 05-5943

Resources:

Briefs:

    Coming Soon
Counsel of Record

For Petitioner:

Charles S. Sims
Proskauer Rose LLP
New York, NY

For Respondent:

Michael J. Boni
Bala Cynwyd, PA

 


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