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DC COMICS, INC. v. FILMATION ASSOCIATES

No. 78 Civ. 5508 (LFM).

486 F.Supp. 1273 (1980)

DC COMICS, INC., Plaintiff, v. FILMATION ASSOCIATES, Defendant.

United States District Court, S. D. New York.

March 21, 1980.

Attorney(s) appearing for the Case

Shea & Gould by Jesse Climenko and Richard L. Spinogatti, New York City, Cooper, Epstein & Hurewitz by Michael A. Painter, Beverly Hills, Cal., Pryor, Cashman, Sherman & Flynn by Gayle A. Yeomans, New York City, for defendant.

Cowan, Liebowitz & Latman, P. C. by Roger L. Zissu and Louis S. Ederer, New York City, for plaintiff.

OPINION

MacMAHON, Chief Judge.

This case shows that a lawsuit need not assume the shape of a class action in order to qualify as a Frankenstein monster.1 It poses many difficult questions in the form of defendant's post-trial motions for judgment notwithstanding the verdict, Fed.R. Civ.P. 50(b), and for a new trial, Fed.R. Civ.P. 59(a), and in plaintiff's prayer for equitable relief. Before turning to these questions, a brief...

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