Shaw Family Archives v. CMG Worldwide

United States District Court for the Southern District of New York

486 F. Supp. 2d 309 (2007)

Relevant factsFree

MMLLC (plaintiff) claimed a postmortem right of publicity in Marilyn Monroe's image under an Indiana statute enacted over 30 years after her 1962 death, arguing that right passed through the residuary clause of her will; Shaw (defendant) argued neither New York nor California -- Monroe's possible domiciles at death -- recognized descendible postmortem publicity rights at that time, so no such right could have passed by will.

IssueFree

Whether a property right that accrues to a testator after the testator's death can be devised by will.

Holding & reasoning

The court resolved the question by applying the controlling rule to the facts and explaining precisely why the outcome followed. Its reasoning ties the doctrine to the record so you can reproduce the analysis on an exam.

Procedural history, concurrence & dissent

This section traces the case from the trial court through appeal and lays out how each opinion lands. Separate writings sharpen the majority's limits and flag the arguments most likely to resurface in class.

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