Brown v. Entertainment Merchants Assn.
564 U.S. 786 (2011) Cited 487 times 9 Legal AnalysesHolding that even if violent video games cause aggression, a state could not prohibit their sale to children
Brown v. Board of Education
347 U.S. 483 (1954) Cited 2,647 times 20 Legal AnalysesHolding that "in the field of public education the doctrine of ‘separate but equal’ has no place"
Howell v. New York Post Co.
81 N.Y.2d 115 (N.Y. 1993) Cited 1,430 timesHolding that the elements of intentional infliction of emotional distress are: " extreme and outrageous conduct; intent to cause, or disregard of a substantial probability of causing, severe emotional distress; a causal connection between the conduct and injury; and severe emotional distress."
Immuno Ag. v. Moor-Jankowski
77 N.Y.2d 235 (N.Y. 1991) Cited 375 timesHolding that the New York State Constitution independently provides protection for statements of opinion greater than those required by the First Amendment
Mastrovincenzo v. City of New York
435 F.3d 78 (2d Cir. 2006) Cited 229 timesHolding NYC's vendor licensing regime survives intermediate scrutiny because it "in no way precludes plaintiffs from reaching public audiences on the sidewalks generally, or in any of the specific venues where they currently hawk their wares" but rather "[a]t most . . . prohibits plaintiffs, as unlicensed vendors, from personally selling their wares for a profit and at a venue of their choosing"
Parks v. Laface Records
329 F.3d 437 (6th Cir. 2003) Cited 189 times 5 Legal AnalysesHolding that the likelihood of confusion and "alternative means" tests do not give sufficient weight to the public interest in freedom of expression
Arrington v. N Y Times Co.
55 N.Y.2d 433 (N.Y. 1982) Cited 324 timesFinding the newsworthiness exception met when defendant published an article on the expanding black middle class featuring the plaintiff's image even though plaintiff had no prior knowledge that his photograph had been taken
Messenger v. Gruner + Jahr Printing & Publishing
94 N.Y.2d 436 (N.Y. 2000) Cited 124 timesHolding that no appropriation claim may lie where “plaintiff's photograph is used to illustrate a newsworthy article”
Plessy v. Ferguson
163 U.S. 537 (1896) Cited 696 times 6 Legal AnalysesHolding that it was not a violation of the Equal Protection Clause for a state law to segregate white and colored people in public facilities provided "equal" alternatives were provided for each race
Stephano v. News Group Pub
64 N.Y.2d 174 (N.Y. 1984) Cited 149 timesFinding right of publicity under New York law limited to statutory protection of "name, portrait or picture"
Section R3211 - Motion to dismiss
N.Y. C.P.L.R. § 3211 Cited 38,118 times 3 Legal AnalysesGranting dismissal where a defense is based upon documentary evidence
Section 51 - Action for injunction and for damages
N.Y. Civ. Rights Law § 51 Cited 553 times 12 Legal AnalysesAffording cause of action for commercial use of name or picture without prior written consent
Section R3214 - Motions heard by judge supervising disclosure; stay of disclosure
N.Y. C.P.L.R. § 3214 Cited 410 timesPending resolution of a motion pursuant to CPLR 3211, 3212 and 3213
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