Latest Case: Abbott v. North Shores Board of Governors, Inc. (Real Estate & Property Law)

Supreme Court Gives States the Green Light to Infringe Copyrights

MICHAEL C. DORF

Cornell law professor Michael C. Dorf comments on a recent decision in which the U.S. Supreme Court held that Congress lacked constitutional authority to enact the Copyright Remedy Clarification Act of 1990, which gives individuals the right to sue a state for damages for copyright infringement. Dorf describes the complexity of the Court’s sovereign immunity doctrine and points out the Court’s peculiar failure to simply invalidate a portion of the statute while severing and preserving the valid portions and/or applications of it—which the Court has done in some other cases.

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Abbott v. North Shores Board of Governors, Inc.

Docket: C.A. No. 2019-0194-JRS

Opinion Date: March 27, 2020

Judge: Per Curiam

Areas of Law: Real Estate & Property Law

The Court of Chancery granted Defendants' motion to dismiss Plaintiff's complaint alleging that North Shores Board of Governors, Inc. (NSBG), a Delaware not-for-profit corporation that represented the homeowners at North Shores, a residential community, had no authority under the governing covenants to charge assessments or expend funds for maintenance of any of the community's recreational facilities and improvements to the community's beach dunes, holding (1) all claims contesting the annual assessments were barred by laches; and (2) all claims contesting the dune project were barred by the clear language of the covenants and the residential community's charter.