Judgment as a Matter of Law Granted to Defendants Following Jury Verdict for Plaintiff (2017)

June 14, 2017


In Corbello v. DeVito, et al., following remand by the Ninth Circuit, the plaintiff’s copyright infringement claim against the creators and producers of the Broadway musical Jersey Boys proceeded to trial.  During trial, LP&S obtained Judgment as a matter of law for Defendants Frankie Valli and Robert Gaudio.  The jury returned a verdict for plaintiff and LP&S, along with co-counsel Miller Korzenik Sommers Rayman, filed a post-trial Motion for Judgment as a Matter of Law.  The Court granted Judgment to all remaining defendants on the ground that the very limited amount of protected material that was potentially copied from plaintiff’s Work into the Play was a “fair use” as a matter of law.