United States Ninth Circuit

In a case considering whether damages for willful copyright infringement are dischargeable debt in the infringer's bankruptcy, summary judgment that such damages are non-dischargeable is reversed and remanded where: 1) there was a genuine issue of material fact as to whether the willful copyright infringement was a willful injury under Bankruptcy Code section 523(a)(6); and 2) the maliciousness requirement of Bankruptcy Code section 523(a)(6) was not addressed separately from the willfulness requirement.

Appellate Information

• Argued 04/11/2008
• Decided 09/23/2008
• Published 09/23/2008

Judges

• HUNT, District Judge:, Before: WILLIAM C. CANBY, JR. and JAY S. BYBEE, Circuit Judges, and ROGER HUNT, Chief District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Colin W. Wied, C.W. Wied Professional Corporation, San Diego, CA, for the appellants.


• For Appellees:
  
• Richard L. Weiner and Paul J. Laurin, Weiner & Laurin, LLP, Encino, CA, for the appellee.