Tamera Bennett has posted an update on her blog on Salinger v. Colting. The case, currently on appeal in the Second Circuit, was being looked to as potentially providing a gloss on the test for parody, and the standard for obtaining a preliminary injunction in copyright cases. The plaintiff in the case, author J.D. Salinger, passed on January 27. My condolences go out to the family and friends of the late author. Ms. Bennett points to Federal Rules of Civil Procedure Rule 25 for what happens next in the case:
If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent’s successor or representative. If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed.
Recent scholarship from the 
