'Art Of Fielding' Rip-Off Claim Doubted By 2nd Circ. Judge

Law360, New York (January 31, 2019, 5:19 PM EST) -- Second Circuit Judge Guido Calabresi looked ready Thursday to deep-six a suit by writer Charles Green claiming “The Art of Fielding” is a rip-off, remarking that similarities between Green's unpublished baseball work and the hit novel look like everyday plot devices that “happen all the time” in the genre.

Judge Calabresi took the lead at oral arguments as Green's lawyer pushed for a reversal of a 2018 decision by U.S. District Judge Alvin K. Hellerstein that rejected allegations that similarities between Green's work, “Bucky's 9th,” and the 2011 best-seller by Chad Harbach support copyright infringement damages.

Green's counsel, Pieter Van Tol,...

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