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
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