Tag archive for ‘Elsevier v. Muchnick’
Copyright Registration is “Precondition” to Filing a Claim—But is NOT “Jurisdictional”
A statutory condition requiring a party to take some action before filing a lawsuit is not automatically “a jurisdictional prerequisite to suit.”
Rather, the jurisdictional analysis must focus on the “legal character” of the precondition, which is discerned by looking to the condition’s text, context, and relevant historical treatment.


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