No. 24-1251

Nicole Gilbert-Daniels v. Lions Gate Entertainment, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2025-06-06
Status: Denied
Type: Paid
Response Waived
Tags: copyright-infringement due-process expert-evidence ninth-circuit substantial-similarity summary-judgment
Latest Conference: 2025-09-29
Question Presented (from Petition)

1. Substantial Similarity and Summary
Judgment: Does the Ninth Circuit's application of the
extrinsic test and its requirement of striking similarity
conflict with other circuits or Supreme Court
precedent, and did the lower courts err in granting
summary judgment by finding no substantial
similarity as a matter of law.

2. Expert Evidence' in Copyright
Infringement: Whether the Ninth Circuit erred in
affirming the exclusion of Petitioner's expert report
and declaration offered to highlight substantial
similarities between the works at issue, thus depriving
Petitioner of critical specialized analysis and raising
due process concerns in the adjudication of complex
copyright claims.

Question Presented (AI Summary)

Whether the Ninth Circuit's application of the extrinsic test in copyright infringement conflicts with Supreme Court precedent and improperly granted summary judgment

Docket Entries

2025-10-06
Petition DENIED.
2025-06-25
DISTRIBUTED for Conference of 9/29/2025.
2025-06-12
Waiver of right of respondent Lions Gate Entertainment Inc., et al. to respond filed.
2025-06-11
Waiver of Katori Hall of right to respond submitted.
2025-06-11
Waiver of right of respondent Katori Hall to respond filed.
2025-05-02
2025-04-11
Application (24A973) granted by Justice Kagan extending the time to file until June 21, 2025.
2025-04-09
Application (24A973) to extend the time to file a petition for a writ of certiorari from April 22, 2025 to June 21, 2025, submitted to Justice Kagan.

Attorneys

Katori Hall
Cynthia S AratoShapiro Arato Bach LLP, Respondent
Lions Gate Entertainment Inc., et al.
David HalberstadterKatten Muchin Roseman, LLP, Respondent
Nicole Gilbert-Daniels
Nicole Gilbert-Daniels — Petitioner