Nothing but Internet
Article Abstract:
US District Court Judge Preska erred when she found in National Basketball Ass'n v. Sports Team Analysis & Tracking System (STATS) that federal copyright law did not preempt state misappropriation claims and that STATS use of sports scores was not entitled to First Amendment protection. The US Court of Appeals for the Second Circuit correctly found on appeal that federal preemption did apply and that the information used by STATS was in the public domain. The Second Circuit also could have held that injunctive relief would have been a prior restraint violative of free speech.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
Preemption doctrine after Cipollone - Nevada Supreme Court holds that the Federal Insecticide, Fungicide, and Rodenticide Act impliedly preempts state common-law actions based on inadequate labelling
Article Abstract:
The Nevada Supreme Court in Davidson v Velsicol Chemical Corp held that state tort law governing inadequate labeling of pesticides is preempted by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). However, the Nevada court did not follow Cipollone v Liggett Group, Inc in considering only the express preemption provision of FIFRA, instead relying on implied preemption. The court's decision was actually consistent with the US Supreme Court's Cipollone decision, but points out some flaws in the latter holding.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Statutory interpretation - Family and Medical Leave Act of 1993 - First Circuit holds that the FMLA includes a private right of action for prospective and former employees
- Abstracts: Federal statutes - Electronic Communications Privacy Act of 1986 - Ninth Circuit holds that the Wiretap Act protects electronic communications in storage to the same extent as those in transit
- Abstracts: Bias in jury selection continues: despite U.S. Supreme Court rulings, judges give lawyers wide latitude in using peremptories
- Abstracts: Current issues in prepackaged Chapter 11 plans of reorganization and using the Federal Declaratory Judgment Act for instant reorganizations
- Abstracts: Using arbitration to avoid litigation. Waiver of rights under the Age Discrimination in Employment Act: implications of the Older Workers Benefit Protection Act of 1990