68 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,991 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,978 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,466 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
District of Columbia et al. v. Heller
554 U.S. 570 (2008) Cited 3,558 times 50 Legal Analyses
Holding it irrelevant to the constitutionality of D.C.'s "handgun" ban that the law allowed citizens the possession of substitutes, like "long guns"
Beard v. Banks
548 U.S. 521 (2006) Cited 1,697 times 1 Legal Analyses
Holding that encouraging progress toward rehabilitation serves legitimate penological objectives
Pike v. Bruce Church, Inc.
397 U.S. 137 (1970) Cited 1,699 times 27 Legal Analyses
Holding that where a statute addresses "a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits"
Central Va. Comm. College v. Katz
546 U.S. 356 (2006) Cited 477 times 21 Legal Analyses
Holding that "those who crafted the Bankruptcy Clause" understood it to "operat[e] free and clear of the State's claim of sovereign immunity"
Campbell v. Acuff-Rose Music, Inc.
510 U.S. 569 (1994) Cited 633 times 71 Legal Analyses
Holding that “[i]t was error for the Court of Appeals to conclude that the commercial nature of [a secondary work] rendered it presumptively unfair”
Scotto v. Almenas
143 F.3d 105 (2d Cir. 1998) Cited 1,919 times
Holding that state parole officer's conduct was not protected by absolute or qualified immunity when he prepared false parole violation report and recommended arrest warrant issue and parole revocation proceedings be initiated against parolee based on fabricated parole violation
Maine v. Taylor
477 U.S. 131 (1986) Cited 602 times
Holding that the State of Maine, an intervenor in the district court and the only appealing party, had standing to appeal because, "if the judgment of the Court of Appeals [was] left undisturbed," Maine would "be bound by the conclusive adjudication" that its law was unenforceable
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,861 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,373 times 175 Legal Analyses
Recognizing the United States' adherence to provisions of the Berne Convention of 1886
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,759 times 108 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”
Section 102 - Subject matter of copyright: In general
17 U.S.C. § 102 Cited 2,259 times 120 Legal Analyses
Granting protection to "literary works"
Section 301 - Preemption with respect to other laws
17 U.S.C. § 301 Cited 1,412 times 20 Legal Analyses
Stating that when "legal or equitable rights ... are equivalent to any of the exclusive rights within the general scope of copyright ... no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State"
Section 107 - Limitations on exclusive rights: Fair use
17 U.S.C. § 107 Cited 1,016 times 177 Legal Analyses
Designating “criticism” and “comment” as fair use
Section 824 - Declaration of policy; application of subchapter
16 U.S.C. § 824 Cited 495 times 16 Legal Analyses
Granting FERC authority over wholesale generation and transmission
Section 112 - Limitations on exclusive rights: Ephemeral recordings
17 U.S.C. § 112 Cited 63 times 5 Legal Analyses
Permitting retention of "ephemeral recordings" for retransmission

Flo & Eddie, Inc v. Sirius XM Radio, Inc. et al

68 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

Holding it irrelevant to the constitutionality of D.C.'s "handgun" ban that the law allowed citizens the possession of substitutes, like "long guns"

Holding that encouraging progress toward rehabilitation serves legitimate penological objectives

Holding that where a statute addresses "a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits"

Holding that "those who crafted the Bankruptcy Clause" understood it to "operat[e] free and clear of the State's claim of sovereign immunity"

Holding that “[i]t was error for the Court of Appeals to conclude that the commercial nature of [a secondary work] rendered it presumptively unfair”

Holding that state parole officer's conduct was not protected by absolute or qualified immunity when he prepared false parole violation report and recommended arrest warrant issue and parole revocation proceedings be initiated against parolee based on fabricated parole violation

Holding that the State of Maine, an intervenor in the district court and the only appealing party, had standing to appeal because, "if the judgment of the Court of Appeals [was] left undisturbed," Maine would "be bound by the conclusive adjudication" that its law was unenforceable

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Recognizing the United States' adherence to provisions of the Berne Convention of 1886

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”

Granting protection to "literary works"

Stating that when "legal or equitable rights ... are equivalent to any of the exclusive rights within the general scope of copyright ... no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State"

Designating “criticism” and “comment” as fair use

Granting FERC authority over wholesale generation and transmission

Permitting retention of "ephemeral recordings" for retransmission