§Why CasetextPricing

Flo & Eddie, Inc., a California Corporation, individually and on behalf of all others similarly situated, Respondent,v.Sirius XM Radio, Inc., a Delaware Corporation, Appellant, Does, 1 through 10, Defendants.

Brief

22 Cited authorities

  1. Roy Export Estab. v. Columbia Broadcasting

    672 F.2d 1095 (2d Cir. 1982)   Cited 279 times   2 Legal Analyses
    Finding no preemption where the claims were based on the misappropriation of different works

  2. Norcon Power Partners v. Niagara Mohawk Power Corp.

    92 N.Y.2d 458 (N.Y. 1998)   Cited 161 times   1 Legal Analyses
    Holding that repudiation may occur through a statement or conduct

  3. Campaign for Fiscal Equity, Inc. v. State

    2006 N.Y. Slip Op. 8630 (N.Y. 2006)   Cited 63 times
    Observing that three alternative student performance criteria were included in choosing the qualifying schools in the successful schools model

  4. King v. Macri

    993 F.2d 294 (2d Cir. 1993)   Cited 83 times   1 Legal Analyses
    Finding punitive awards for an excessive force claim, which included allegations by the plaintiff of being punched and put in a choke-hold after he was handcuffed by two court security officers, in the amounts of $175,000 and $75,000 were excessive and reducing the amounts to $100,000 and $50,000, respectively

  5. Capitol Records v. Naxos

    4 N.Y.3d 540 (N.Y. 2005)   Cited 49 times   1 Legal Analyses
    Holding that New York's common-law protection for pre-1972 recordings continues until federal preemption occurs

  6. Flo & Eddie, Inc. v. Sirius XM Radio, Inc.

    62 F. Supp. 3d 325 (S.D.N.Y. 2014)   Cited 12 times
    Interpreting Naxos and other New York authority to predict that "the New York Court of Appeals would recognize the exclusive right to public performance of a sound recording as one of the rights appurtenant to common law copyright in such a recording"

  7. Ippolito v. Lennon

    150 A.D.2d 300 (N.Y. App. Div. 1989)   Cited 41 times
    Holding that no cause of action existed for conversion of musician's purely intangible property interest in a concert performance

  8. Urbont v. Sony Music Entm't

    863 F. Supp. 2d 279 (S.D.N.Y. 2012)   Cited 12 times
    In Urbont, Judge Buchwald held that plaintiff's "state law claims allege mere interference with his property and each alleged wrongful act gave rise to a separate common law cause of action."

  9. Flo & Eddie, Inc. v. Sirius XM Radio, Inc.

    Case No. 13-23182-CIV-GAYLES/TURNOFF (S.D. Fla. Jun. 22, 2015)   Cited 6 times

    Case No. 13-23182-CIV-GAYLES/TURNOFF 06-22-2015 FLO & EDDIE, INC., Plaintiff, v. SIRIUS XM RADIO, INC., et al., Defendants. DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE ORDER THIS CAUSE comes before the Court upon Defendant Sirius XM Radio Inc.'s Motion for Summary Judgment on Liability and Supporting Memorandum of Law (the "Motion") [ECF No. 77, 84]. On April 28, 2015, the Court held a hearing on the Motion. The Court has reviewed the Motion, argument of counsel, and the pertinent portions of the

  10. Barker v. Parnossa, Inc.

    39 N.Y.2d 926 (N.Y. 1976)   Cited 34 times
    In Barker (39 NY2d 926), the Court held that the fact that an infant was trespassing on the defendant's property was not conclusive, but is a factor in determining liability.

  11. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,727 times   107 Legal Analyses
    Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

  12. Section 901 - Prerequisites to a class action

    N.Y. CPLR 901   Cited 970 times   6 Legal Analyses
    Providing that "an action to recover a penalty, or minimum measure of recovery created or imposed by statute may not be maintained as a class action" unless the "statute creating or imposing penalty, or minimum measure of recovery specifically authorizes the recovery thereof in a class action"

  13. Section 115 - Scope of exclusive rights in nondramatic musical works: Compulsory license for making and distributing phonorecords

    17 U.S.C. § 115   Cited 109 times   8 Legal Analyses
    Providing that a compulsory license to record a copyrighted musical composition does not include the right to "change the basic melody or fundamental character of the work"

  14. Section 114 - Scope of exclusive rights in sound recordings

    17 U.S.C. § 114   Cited 103 times   7 Legal Analyses
    Applying to a "transmitting entity" that "offers transmissions of visual images contemporaneously with transmissions of sound recordings" as in a cable or internet transmission

  15. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation