Legal Opinion
Shaw v. Kastner
New York Supreme Court
Decided July 24, 1991PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Shirley Fingerhood, J.
By moving to dismiss a prior Federal action for lack of Federal subject matter jurisdiction, defendant convinced plaintiff to withdraw that action and to commence a State action for similar relief. Now defendant1 moves to dismiss the State court action arguing that the Federal courts have exclusive jurisdiction pursuant to 28 USC § 1338 because the claim arises under the Copyright Act (17 USC § 101 et seq.).
Although it cannot be known with certainty2 whether the Federal court action would have been dismissed if it had not been withdrawn, the position…
2Cases cited11 opinions
- Estate of Hemingway v. Random House, Inc.New York Court of Appeals · 1968
- Simon & Flynn, Inc. v. Time IncorporatedCourt of Appeals for the Second Circuit · 1975
- Stepdesign, Inc. v. Research Media, Inc.District Court, S.D. New York · 1977
- Frankel v. Stein and Day, Inc.District Court, S.D. New York · 1979
- Bear Creek Productions, Inc. v. SalehDistrict Court, S.D. New York · 1986
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3Cited by1 opinion
- Silvester v. Time Warner, Inc.New York Supreme Court · 2003