§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

32 Cited authorities

  1. Bivens v. Six Unknown Fed. Narcotics Agents

    403 U.S. 388 (1971)   Cited 25,780 times   27 Legal Analyses
    Holding that there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment

  2. Baker v. Carr

    369 U.S. 186 (1962)   Cited 5,223 times   11 Legal Analyses
    Holding that the plaintiffs had standing to challenge Tennessee's apportionment of state representatives when that apportionment "effect[ed] a gross disproportion of representation to voting population"

  3. Twentieth Century Music Corp. v. Aiken

    422 U.S. 151 (1975)   Cited 209 times   4 Legal Analyses
    Recognizing that the Copyright Act must be construed in light of its basic purpose "[w]hen technological change has rendered its literal terms ambiguous"

  4. Ortega v. New York

    2007 N.Y. Slip Op. 7741 (N.Y. 2007)   Cited 211 times   1 Legal Analyses
    Holding that that existing remedies available to courts for discovery violations—e.g., "precluding proof favorable to the spoliator . . . , requiring the spoliator to pay costs . . . employing an adverse inference instruction at the trial . . . . [w]here appropriate, . . . dismissing the action or striking responsive pleadings, thereby rendering a judgment by default against the offending party"—are an adequate deterrence

  5. Klostermann v. Cuomo

    61 N.Y.2d 525 (N.Y. 1984)   Cited 409 times
    In Klostermann, the public agencies involved were in repeated noncompliance with the command of Mental Hygiene Law § 29.15 (g), which required preparation of a written service plan, with prescribed contents, for every person discharged from state psychiatric hospitals.

  6. Waters v. New York City Housing Authority

    69 N.Y.2d 225 (N.Y. 1987)   Cited 201 times
    Holding that owner of housing project who failed to keep building's door locks in good repair did not owe duty to passerby to protect her from being dragged off the street into the building and assaulted, because imposing such duty would do little to minimize crime, and the social benefits to be gained did "not warrant the extension of the landowner's duty to maintain secure premises to the millions of individuals who use the sidewalks of New York City each day and are thereby exposed to the dangers of street crime."

  7. Fortnightly Corp. v. United Artists

    392 U.S. 390 (1968)   Cited 107 times   8 Legal Analyses
    In Fortnightly Corp. v. United Artists Television, Inc., 392 U.S. 390, 88 S.Ct. 2084, 20 L.Ed.2d 1176 (1968), the Court considered a CATV system that carried local television broadcasting, much of which was copyrighted, to its subscribers in two cities.

  8. Caronia v. Philip Morris USA, Inc.

    2013 N.Y. Slip Op. 8372 (N.Y. 2013)   Cited 48 times   4 Legal Analyses
    Finding plaintiffs failed to allege present damages due to future risk of cancer caused by smoking

  9. Guice v. Schwab Co.

    89 N.Y.2d 31 (N.Y. 1996)   Cited 83 times
    Finding implied conflict preemption

  10. Jones v. Beame

    45 N.Y.2d 402 (N.Y. 1978)   Cited 123 times
    Accepting plaintiffs' allegations of fact as true for purposes of deciding a motion to dismiss on justiciability grounds

  11. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,313 times   174 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  12. 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”

  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