Legal Opinion
Elmer Bernstein v. Universal Pictures, Inc.
Court of Appeals for the Second Circuit
Decided May 27, 1975No. 535, Docket 74-2169PublishedCited by 46 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Chief Judge:
This elaborate class action was conceived by 71 talented creators, all composers and lyricists, members of the Composers and Lyricists Guild of America [CLGA], and brought against 15 producers of motion pictures and television shows. Judge Brieant abruptly brought down the curtain on plaintiffs’ production, however, when, sua sponte, he dismissed the complaint on the ground that the matter was within the exclusive jurisdiction of the NLRB. We find that the dismissal was premature since issues of fact remain to be resolved, and consequently that, in the tradition…
2Cases cited17 opinions
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
- Perma Life Mufflers, Inc. v. International Parts Corp.Supreme Court of the United States · 1968
- Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
- National Labor Relations Board v. United Insurance Co. of AmericaSupreme Court of the United States · 1968
12 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp.Court of Appeals for the Second Circuit · 1997
- Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp.Court of Appeals for the Second Circuit · 1997
- Anand Prakash v. American UniversityCourt of Appeals for the D.C. Circuit · 1984
- Telectronics Proprietary, Ltd. v. Medtronic, Inc.District Court, S.D. New York · 1988
- Alliance of American Insurers v. CuomoCourt of Appeals for the Second Circuit · 1988
41 more not listed; retrieve them via the Exa API.