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Civil Procedure Keyed to Cound
T.B. Harms Co. v. Eliscu
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Eliscu, Defendant had interests in copyrighted music. T.B. Harms Co., Plaintiff, alleged that Defendant signed a contract that assigned the rights to the music back to Dreyfus, Plaintiff’s principal stockholder. When the copyrights were about to expire, Defendant entered into an agreement to assign the renewal rights to another individual, Jungnickel, pending determination of Defendant’s ownership. Defendant advised Plaintiff that he had assigned the renewal rights and then filed suit against Plaintiff seeking a declaration that he owned a one third interest in the renewal rights and an accounting. Plaintiff responded by suing Defendant in federal court, seeking declaratory relief against Defendant and Jungnickel. All parties were concededly citizens of New York. Jurisdiction was predicated on the Copyright Act (Act), a federal law. The district court dismissed for lack of jurisdiction and Plaintiff appealed.
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