Legal Opinion

Cubby, Inc. v. CompuServe Inc.

District Court, S.D. New York

Decided October 29, 1991No. 90 Civ. 6571 (PKL)PublishedCited by 58 opinions

1Opinion of the Court

ORDER AND OPINION

LEISURE, District Judge:

This is a diversity action for libel, business disparagement, and unfair competition, based on allegedly defamatory statements made in a publication carried on a computerized database. Defendant CompuServe Inc. (“CompuServe”) has moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons stated below, CompuServe’s motion is granted in its entirety.

Background

CompuServe develops and provides computer-related products and services, including CompuServe Information Service (“CIS”), an on-line general information…

2Cases cited36 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  5. Smith v. CaliforniaSupreme Court of the United States · 1960

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3Cited by58 opinions

  1. A&M Records, Inc. v. Napster, Inc.Court of Appeals for the Ninth Circuit · 2001
  2. Kenneth M. Zeran v. America Online, IncorporatedCourt of Appeals for the Fourth Circuit · 1997
  3. Batzel v. SmithCourt of Appeals for the Ninth Circuit · 2003
  4. Fair Housing Coun., San Fernando v. Roommates. ComCourt of Appeals for the Ninth Circuit · 2008
  5. Barnes v. Yahoo!, Inc.Court of Appeals for the Ninth Circuit · 2009

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