Legal Opinion · Concurring in part, dissenting in part
Association of American Medical Colleges v. Cuomo
Court of Appeals for the Second Circuit
Decided March 12, 1991No. Nos. 595, 690, Dockets 90-7269, 90-7309Published
1Concurring in part, dissenting in partMahoney, Circuit Judge
Addressing the issue as framed by the parties on appeal, I generally agree with my colleagues’ conclusion that summary judgment was improper because there existed genuine issues of material fact regarding New York State’s fair use defense. Because it is challenging noncommercial use by the state, AAMC has the burden of proving “that some meaningful likelihood of future harm [to marketability] exists.” Sony Corp. v. Universal City Studios, 464 U.S. 417, 451, 104 S.Ct. 774, 793, 78 L.Ed.2d 574 (1984). I agree that Professor Haney’s testimony was sufficient to create a factual issue in this…
2Cases cited7 opinions
- Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
- Allied Artists Picture Corp., and Avco Embassy Pictures Corp., Cross-Appellees v. James A. Rhodes, Cross-AppellantCourt of Appeals for the Sixth Circuit · 1982
- Allied Artists Pictures Corp. v. RhodesDistrict Court, S.D. Ohio · 1980
- Associated Film Distribution Corp. v. ThornburghCourt of Appeals for the Third Circuit · 1982
- Associated Film Distribution Corp. v. ThornburghDistrict Court, E.D. Pennsylvania · 1985
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