Foss v. Marvic, Inc., No. 20-1008 (1st Cir. 2021)Annotate this Case
The First Circuit affirmed the judgment of the district court granting summary judgment in favor of Marvic d/b/a Brady-Built Sunrooms (Marvic) and dismissing Cynthia Foss's state law claims, holding that the district court did not err.
Foss, a graphic designer, created a brochure for Marvic to use in marketing its sunrooms. Twelve years later, Foss brought a complaint alleging a federal claim for copyright infringement and pendent state law claims. The federal district court entered three separate rulings at issue on appeal: it granted Marvic's motion to dismiss Foss's copyright claim, it denied Foss's motion to withdraw certain statements that the court had deemed admitted, and it granted Marvic's motion for summary judgment on Foss's state law claims. The First Circuit affirmed, holding that the district court did not err or abuse its discretion as to the disputed rulings.