Legal Opinion · Dissent

Cambridge Literary Properties, Ltd. v. W. Goebel Porzellanfabrik G.M.B.H. & Co. Kg.

Court of Appeals for the First Circuit

Decided December 13, 2007No. 06-2339Published

1DissentCyr, Senior Circuit Judge

The majority opinion holds that since the Cambridge state-law accounting claim might require it to establish as a threshold matter that . its predecessor-in-interest, Margarete Seemann, was an original co-owner of the copyright in Das Hummel-buch, the Cambridge claim thus “arises under” the Copyright Act for purposes of both subject matter jurisdiction and, by logical extension, the Act’s three-year statute of limitations. Inasmuch as the ramifications of this holding — viz., that the federal courts have exclusive subject matter jurisdiction to adjudicate all accounting claims between the…

2Cases cited57 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  3. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  4. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
  5. Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986

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