Marvel wins round in Jack Kirby showdown; case to be litigated in New York
Judge McMahon disagreed, ruling that "by virtue of having mailed the termination notices to Marvel, all four Kirbys...projected themselves into New York and into the local commerce." She found that the first lawsuit should take priority, meaning Marvel and the Kirbys will duke it out in New York.
Officially, the lawsuit in California hasn't been dismissed yet. But it seems like only a matter of time.