Florida Judge Aileen Cannon could dismiss a copyright lawsuit against Taylor Swift before Christmas because the plaintiff has been unable to serve the singer.
Kimberly Marasco, a Florida artist, is seeking more than $7 million in damages, alleging that Swift’s songs and music videos have “creative elements” that copy Marasco’s work without permission or credit. Marasco’s complaint mentions several songs and videos from Swift’s albums Lover, Folklore, Midnights and The Tortured Poets Department.
Seven months after the suit was filed, Cannon, who became a household name during former President Donald Trump’s classified documents case, is weighing dismissing it because Marasco hasn’t properly served the singer. Marasco has asked Cannon for permission to bypass the usual means of serving someone and an extension to the deadline to do so.
Swift’s lawyers, Aaron S. Blynn and Katherine Wright Morrone, are asking Cannon to dismiss the case, something she declined to do in August and September.
zz/KGC-11/STAR MAX/IPx and U.S. Senate via AP
Blynn and Wright Morrone argued that Marasco does not have legal standing to apply for an extension to serve the singer. The court uses the “good cause” standard when evaluating whether an extension should be granted. Good cause is a legally sufficient reason for a judge’s decision. Legal precedent has further defined good cause as “factors outside a plaintiff’s control, such as sudden illness, natural catastrophe or evasion of service of process.”
The lawyers argued that Marasco “failed to satisfy her burden to demonstrate good cause.”
“None of the excuses Plaintiff includes in her Response change this conclusion,” Blynn and Wright Morrone said.
Marasco cited “factors beyond her control” in her request for an extension to the deadline for serving Swift. Blynn and Wright Morrone countered that Marasco did not identify any “factors beyond her control” that satisfy the legal precedent.
The lawyers argued that the court “sets a high bar” in establishing good cause and “excuses that merely amount to neglect, lack of diligence, ignorance of the rules, inadvertences, or mistake are simply not enough.”
Blynn and Wright Morrone said Marasco has sought alternative methods multiple times to “avoid the implications” of failing to serve Swift.
“Nothing has changed since this Court last denied Plaintiff’s requests. The Court should dismiss Plaintiff’s claims against Artist for failure to perfect service of process,” Blynn and Wright Morrone wrote.
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