No. 19-1181

Estate of Thomas Steinbeck, et al. v. Waverly Scott Kaffaga, as Executrix of the Estate of Elaine Anderson Steinbeck

Lower Court: Ninth Circuit
Docketed: 2020-03-30
Status: Denied
Type: Paid
Amici (3)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: 17-usc-304 collateral-estoppel copyright-act copyright-law copyright-termination licensing-rights res-judicata statutory-interpretation vesting
Latest Conference: 2020-09-29 (distributed 2 times)
Question Presented (from Petition)

Whether collateral estoppel bars an affirmative defense based on 17 U.S.C. § 304(c)(5) in a second litigation, when the first litigation involving different copyright termination rights never decided if the agreement at issue—purporting to transfer control over future termination rights before those rights vested—is unenforceable under § 304(c)(5).

Question Presented (AI Summary)

Whether collateral estoppel bars an affirmative defense based on 17 U.S.C. § 304(c)(5) in a second litigation, when the first litigation involving different copyright termination rights never decided if the agreement at issue—purporting to transfer control over future termination rights before those rights vested—is unenforceable under § 304(c)(5)

Docket Entries

2020-10-05
Petition DENIED.
2020-09-23
Reply of petitioners The Estate of Thomas Steinbeck, et al. filed. (Distributed)
2020-07-22
DISTRIBUTED for Conference of 9/29/2020.
2020-07-06
Brief of respondent Waverly Scott Kaffaga in opposition filed.
2020-06-05
Brief amicus curiae of Digital Justice Foundation filed.
2020-05-19
Motion to extend the time to file a response is granted and the time is extended to and including July 6, 2020.
2020-05-18
Motion to extend the time to file a response from June 5, 2020 to July 6, 2020, submitted to The Clerk.
2020-05-06
Response Requested. (Due June 5, 2020)
2020-04-29
Brief amicus curiae of California Society of Entertainment Lawyers filed. (Distributed)
2020-04-29
Brief amici curiae of Authors Guild Inc., et al. filed. (Distributed)
2020-04-28
DISTRIBUTED for Conference of 5/15/2020.
2020-04-21
Waiver of right of respondent Waverly Scott Kaffaga to respond filed.
2020-03-10
Petition for a writ of certiorari filed. (Response due April 29, 2020)
2020-01-03
Application (19A737) granted by Justice Kagan extending the time to file until March 10, 2020.
2020-01-02
Application (19A737) to extend the time to file a petition for a writ of certiorari from January 15, 2020 to March 10, 2020, submitted to Justice Kagan.

Attorneys

Authors Guild Inc., Dramatists Guild of America, Inc., The American Society of Journalists and Authors, Ralph Oman
Raymond J. DowdDunnington Bartholow & Miller LLP, Amicus
California Society of Entertainment Lawyers
David Albert PiercePierce Law Group LLP, Amicus
Digital Justice Foundation
Anthony H. SonMaddox Edwards PLLC, Amicus
The Estate of Thomas Steinbeck, et al.
Matthew James DowdDowd Scheffel PLLC, Petitioner
Waverly Scott Kaffaga
Susan J. KohlmannJenner & Block LLP, Respondent