Legal Opinion
Diversey v. Schmidly
Court of Appeals for the Tenth Circuit
Decided December 23, 2013No. 19-1304PublishedCited by 140 opinions
1Opinion of the Court
O’BRIEN, Senior Circuit Judge.
Andrew Diversey sued several administrators and members of the Board of Regents of the University of New Mexico (UNM) for infringing his copyright to an unpublished dissertation. The district court dismissed Diversey’s complaint as untimely under Fed. R. Civ. P. 12(b)(6). Our review requires us to determine when claims of copyright infringement accrue, and, in particular, whether accrual is delayed until a continuing course of infringement ceases. Barring the application of an appropriate tolling principle, a copyright infringement claim must be brought within…
2Cases cited26 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Hall v. BellmonCourt of Appeals for the Tenth Circuit · 1991
- Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
- Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
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3Cited by140 opinions
- Psihoyos v. John Wiley & Sons, Inc.Court of Appeals for the Second Circuit · 2014
- Mayfield v. BethardsCourt of Appeals for the Tenth Circuit · 2016
- Savant Homes, Inc. v. CollinsCourt of Appeals for the Tenth Circuit · 2016
- Irizarry v. YehiaCourt of Appeals for the Tenth Circuit · 2022
- Michael Grecco Prods., Inc. v. RADesign, Inc.Court of Appeals for the Second Circuit · 2024
135 more not listed; retrieve them via the Exa API.