Judge Stearns Declines To Dismiss Copyright Case On Jurisdictional Grounds

An individual sued Urban Outfitters and its t-shirt manufacturer New Name, Inc. for copyright infringement.  Defendants moved to dismiss New Name (for lack of personal jurisdiction) and the entire case (New Name is an indispensable party that the court lacks jurisdiction over, therefore the whole case must go).  In his ruling, Judge Stearns granted the motion to dismiss New Name but refused to find New Name to be indispensable, citing law which said a joint tortfeasor was a permissive party, not an indispensable or necessary one.

 

Hayuk v. Urban Outfitters, Inc., 09-11281-RGS (July 2, 2010)