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BERKOVITZ v. HOME BOX OFFICE, INC.

No. 95-2335.

89 F.3d 24 (1996)

Donald M. BERKOVITZ, et al., Plaintiffs, Appellants, v. HOME BOX OFFICE, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 22, 1996.

Attorney(s) appearing for the Case

Joseph L. Kociubes, with whom Peter J. Mancusi and Bingham, Dana & Gould, Boston, MA, were on brief, for appellants.

Kim J. Landsman, with whom Carin G. Reynolds, Patterson, Belknap, Webb & Tyler LLP, Andrea J. Pollack, New York City, Cornelius J. Moynihan, Jr., and Peabody & Brown, Boston, MA, were on brief, for appellee Home Box Office, Inc.

Cornelius J. Moynihan, Jr., with whom Peabody & Brown, Boston, MA, Joseph J. Santora, Leonard F. Lesser, and Schneck Weltman Hashmall & Mischel LLP, New York City, were on brief, for appellees Viacom International, Inc. and MTV Networks.

Before SELYA, CYR and BOUDIN, Circuit Judges.

SELYA, Circuit Judge.

In this appeal, plaintiff-appellant Donald M. Berkovitz challenges the district court's spontaneous entry of judgment in favor of the defendants Home Box Office, Inc. (HBO) and Viacom International, Inc. (Viacom).1 Although we applaud the district court's innovative case management and its Briarean efforts to refine the issues for trial, we believe that in one crucial respect the court went awry. Consequently, we...

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