Factors Etc., Inc. And Boxcar Enterprises, Inc. v. Pro Arts, Inc. And Stop and Shop Companies, Inc.
Court of Appeals for the Second Circuit
1Opinion of the Court
NEWMAN, Circuit Judge:
The merits of this appeal concern the interesting state law question whether a person has a protected interest in publicizing his name and likeness after his death, or, as the matter has been put, is there a descendible right of publicity?1 Despite the fascination of this question, what divides the members of this panel and forms the basis for the majority’s disposition of this appeal is the more esoteric question, apparently of first impression, concerning the deference a federal court exercising diversity jurisdiction should give to a ruling by a court of appeals…
2Cases cited21 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Lehman Brothers v. ScheinSupreme Court of the United States · 1974
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3Cited by130 opinions
- Holmes v. GrubmanCourt of Appeals for the Second Circuit · 2009
- McLINN v. FJORDCourt of Appeals for the Ninth Circuit · 1984
- Ginger Rogers v. Alberto Grimaldi, Mgm/ua Entertainment Co., and Pea Produzioni Europee Associate, S.R.L.Court of Appeals for the Second Circuit · 1989
- The Lexington Insurance Company v. Rugg & Knopp, Inc., and the Salt Lake City CorporationCourt of Appeals for the Seventh Circuit · 1999
- Allstate Insurance Company, as Subrogee of Sam Lakhia v. Menards, IncorporatedCourt of Appeals for the Seventh Circuit · 2002
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