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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.

Publisher: Harvard Law Review Association
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1997
United States, National Basketball Association, Professional sports, Sports journalism, Public domain (Copyright law), states

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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.

Publisher: Harvard Law Review Association
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1993
Labels, Pesticides, Failure to warn (Law)

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Subjects list: Cases, Exclusive and concurrent legislative powers, Preemption (Legislative power), Case Note
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