Legal Opinion · Concurrence
Barclays Capital Inc. v. Theflyonthewall. Com, Inc.
Court of Appeals for the Second Circuit
Decided June 20, 2011No. Docket 10-1372-cvPublished
1ConcurrenceReena Raggi, Circuit Judge
I join the court in reversing the judgment in favor of the Firms on their state law claims of “hot news” misappropriation on the ground that such claims are preempted by federal copyright law. See 17 U.S.C. § 301. Unlike my colleagues in the majority, I do not reject the five-part test enunciated in National Basketball Association v. Motorola, Inc., 105 F.3d 841 (2d Cir.1997) (“NBA”), to reach this result. Whatever reservations I may have about that test as a means for identifying non-preempted “hot news” claims, I do not think it can be dismissed as dictum. Accordingly, I write separately to…
2Cases cited24 opinions
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- International News Service v. Associated PressSupreme Court of the United States · 1919
- Briarpatch Limited, L.P., Gerard F. Rubin v. Phoenix Pictures, Inc., Michael Medavoy, Geisler Roberdeau, Inc., Terence MalickCourt of Appeals for the Second Circuit · 2004
- Computer Associates International, Inc., Plaintiff-Appellant-Cross-Appellee v. Altai, Inc., Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1992
- United States v. GarciaCourt of Appeals for the Second Circuit · 2005
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