Legal Opinion

Flo & Eddie, Inc. v. Sirius XM Radio, Inc.

District Court, S.D. New York

Decided November 14, 2014No. 13 Civ. 5784(CCM)PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

McMAHON, District Judge:

Plaintiff Flo & Eddie, Inc. (“Flo and Eddie”) brings this putative class action suit against Defendant Sirius XM Radio, Inc. (“Sirius”). The complaint alleges that Sirius committed common law copyright infringement and engaged in unfair competition by publicly performing sound recordings owned by Flo and Eddie, and by reproducing those recordings in aid of its performances. Before the Court is Docket #46, Sirius’s motion for summary judgment. For the reasons stated below, the motion is DENIED.

F…

2Cases cited65 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. District of Columbia v. HellerSupreme Court of the United States · 2008
  5. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970

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3Cited by4 opinions

  1. Sheridan v. iheartMedia, Inc.District Court, N.D. Illinois · 2017
  2. Flo & Eddie, Inc. v. Sirius XM Radio, Inc.Court of Appeals for the Second Circuit · 2017
  3. Flo & Eddie, Inc. v. Sirius XM Radio, Inc.Court of Appeals for the Second Circuit · 2016
  4. Flo & Eddie, Inc., etc. v. Sirius XM Radio, Inc., etc.Supreme Court of Florida · 2017

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