§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

15 Cited authorities

  1. Petrella v. Metro-Goldwyn-Mayer, Inc.

    572 U.S. 663 (2014)   Cited 498 times   65 Legal Analyses
    Holding that laches is not a defense to damages for copyright infringement

  2. Dowling v. United States

    473 U.S. 207 (1985)   Cited 239 times   6 Legal Analyses
    Holding that "a non-disclosure can only serve as a basis for a fraudulent scheme when there exists an independent duty that has been breached by the person so charged," such as a fiduciary or statutory duty

  3. 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

  4. 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

  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. Capitol Records v. Mercury Records Corp.

    221 F.2d 657 (2d Cir. 1955)   Cited 63 times   1 Legal Analyses
    Applying Erie Railroad v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, and then making a choice of law under state law

  7. RCA MFG. CO. v. WHITEMAN

    114 F.2d 86 (2d Cir. 1940)   Cited 62 times   1 Legal Analyses
    In RCA Mfg. Co. v. Whiteman, 2 Cir., 114 F.2d 86, 88, 89, supra, this court stated that the common law property in the performances of musical artists which had been recorded ended with the sale of the records and that thereafter anyone might copy them and use them as he pleased.

  8. Waring v. WDAS Broadcasting Station, Inc.

    327 Pa. 433 (Pa. 1937)   Cited 57 times
    In Waring v. WDAS Broadcasting Station, Inc., 327 Pa. 433, 194 A. 631, 633, it was admitted on all hands that the right claimed by an orchestra proprietor to prevent the sale of records of his performances was not the subject of protection under existing copyright laws.

  9. Halstead v. Grinnan

    152 U.S. 412 (1894)   Cited 52 times
    Noting that laches is an equitable defense governed by equitable considerations

  10. Gieseking v. Urania Records, Inc.

    17 Misc. 2d 1034 (N.Y. Sup. Ct. 1956)   Cited 13 times
    In Gieseking v. Urania Records, Inc., 17 Misc.2d 1034, 1035, 155 N.Y.S.2d 171 (N.Y. Co.Sup.Ct. 1956), the court suggested that an author has a right under the New York Civil Rights law to ensure that any attribution to him accurately reflects his contribution to a manuscript.

  11. 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