Attorneys Pelletier and Lawless Obtain Dismissal of Contract Claim based on Federal Preemption Under the Copyright Act

01/31/2012

Attorneys Nancy Frankel Pelletier and David Lawless successfully argued that claims pursuant to a licensing and servicing agreement were preempted by the Copyright Act. The Plaintiff initially filed suit and obtained an injunction on a Complaint that solely alleged breach of contract. Thereafter, the matter was moved to the United States District Court in the Western District and Attorney Nancy Frankel Pelletier was retained.

An initial Motion to Dismiss was allowed in part to preclude the Plaintiff from bringing a claim pursuant to M.G.L. c. 93A but denied on all other grounds. The Court failed to rule on the legal issues at the Motion for Summary Judgment phase while noting the likelihood that preemption would preclude the contract claim from proceeding.  

Attorney Nancy Frankel Pelletier pursued the issue yet again at the final pretrial conference at which time the Court recognized the necessity of a ruling on the preemption issue prior to trial. The Court accepted the arguments proffered by Attorney Nancy Frankel Pelletier that the claims, as pled and presented had to be brought under the Copyright act and could not be pursued otherwise. 

The case will proceed to trial on other remaining issues in February.

Contact Information:
Nancy Frankel Pelletier, Esq.
Telephone (413) 732-2301
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David S. Lawless, Esq.
Telephone (413) 732-2301
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