Legal Opinion
ITSI TV Productions, Inc. v. Agricultural Associations
Court of Appeals for the Ninth Circuit
Decided August 31, 1993No. Nos. 92-15541, 92-15860PublishedCited by 43 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
We must decide a question of apparent first impression: who bears the burden of persuasion when a putative state entity claims immunity from suit in federal court under the Eleventh Amendment?
I
ITSI T.V. Productions, Inc. (“ITSI”) sued California State Fail’ and Exposition (“Cal Expo”) and various District Agricultural Associations (“the DAAs”) for copyright infringement. At issue were broadcasts of horse races created by ITSI and used by Cal Expo and the DAAs in connection with state and local fairs they had organized. Both Cal Expo and the DAAs moved to dismiss on…
2Cases cited16 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Edelman v. JordanSupreme Court of the United States · 1974
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
- Patsy v. Board of Regents of Fla.Supreme Court of the United States · 1982
11 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- David Demshki v. Richard Monteith Anthony Whitehurst Steven Sloan Heidi Arno Monteith for Senator Committee, and California Senate Rules CommitteeCourt of Appeals for the Ninth Circuit · 2001
- Benjamin Kohn v. State Bar of CaliforniaCourt of Appeals for the Ninth Circuit · 2023
- Hennessey v. University of Kansas Hospital AuthorityCourt of Appeals for the Tenth Circuit · 2022
- Daniel Crowe v. Oregon State BarCourt of Appeals for the Ninth Circuit · 2021
- K.T. v. Pittsburg Unified School DistrictDistrict Court, N.D. California · 2016
38 more not listed; retrieve them via the Exa API.