Panel Affirms: Discovery Rule In Copyright Cases Still Binding Precedent

Mealey's (May 14, 2020, 2:14 PM EDT) -- NEW YORK — In a wide-ranging decision issued May 12, a Second Circuit U.S. Court of Appeals panel found that a 2014 ruling by the U.S. Supreme Court did not abrogate the Second Circuit’s application of the “discovery rule” for calculating the accrual date for a copyright infringement claim but clarified that damages for such claims are still limited to the three years preceding an infringement action (Joseph Sohm, et al. v. Scholastic Inc., Nos. 18-2110, 18-2245, 2nd Cir., 2020 U.S. App. LEXIS 15103)....