Saturday, September 09, 2006

Motion to Dismiss Complaint Denied in Arista v. Greubel; Judge Follows Elektra v. Santangelo, Interscope v. Duty, and others

In Arista v. Greubel, pending in Fort Worth, Texas, the judge has denied Mr. Greubel's motion to dismiss the complaint for failure to state a claim.

September 1, 2006, Decision Denying Motion to Dismiss Complaint*

The judge followed Elektra v. Santangelo in White Plains, NY, Interscope v. Duty in Arizona, two other Texas cases, Warner v. Payne, and Fonovisa v. Alvarez, and a Brooklyn case, Maverick v. Goldshteyn.

This is the sixth of seven fully briefed dismissal motions of which the author is aware, and the sixth that has been denied. All of the decisions are from the lower courts. All were non-appealable, so no appeals have been filed. The only remaining dismissal motion of which the author is aware is Elektra v. Barker, pending in Manhattan before Judge Kenneth M. Karas.

* Document published online at Internet Law & Regulation

Table of Cases

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3 comments:

Ryan Mann said...

Whatever happened to the Elektra v. Santangelo case? The last I heard, it was going to trial, but I don't know what the outcome was.

Alter_Fritz said...

if i interpret the latest posted pdf from march this year correctly, this case is still in the discovery phase
(Ray correct me if i'm wrong)

Ray Beckerman said...

Last I heard it's in discovery phase.