Addressing for the first time whether federalres
judicatalaw recognizes the alternative determinations
doctrine, the US Court of Appeals for the First Circuit determined
that a plaintiff's claims under the Visual Artists Rights Act
(VARA) were not precluded by a previous action in which she brought
a federal copyright claim against the defendant.Foss v. Eastern
States Exposition, Case No. 22-1313 (1st Cir. May 10, 2023)
(Barron, Howard, Montecalvo, JJ.)
Cynthia Foss previously brought a federal copyright action
against Eastern States Exposition that was dismissed. The previous
action did not involve any claim under VARA. Eastern argued that
claim preclusion should apply to bar the claim, and the district
court agreed. Foss appealed.
