Legal Opinion
Barclays Capital Inc. v. Theflyonthewall. Com, Inc.
Court of Appeals for the Second Circuit
Decided June 20, 2011No. Docket 10-1372-cvPublishedCited by 31 opinions
1Opinion of the Court
SACK, Circuit Judge:
The parties, the district court, and amici have raised a wide variety of interesting legal and policy issues during the course of this litigation. We need not address most of them. We conclude that under principles that are well established in this Circuit, the plaintiffs’ claim against the defendant for “hot news” misappropriation of the plaintiff financial firms’ recommendations to clients and prospective clients as to trading in corporate securities is preempted by federal copyright law. Based upon principles explained and applied in National Basketball Association v.…
2Cases cited26 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Kamen v. Kemper Financial Services, Inc.Supreme Court of the United States · 1991
- Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
- Community for Creative Non-Violence v. ReidSupreme Court of the United States · 1989
- Sosa v. Alvarez-MachainSupreme Court of the United States · 2004
21 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Forest Park Pictures v. Universal Television Network, Inc.Court of Appeals for the Second Circuit · 2012
- Swatch Group Management Services Ltd. v. Bloomberg L.P.Court of Appeals for the Second Circuit · 2014
- John Wiley & Sons, Inc. v. Book Dog Books, LLCDistrict Court, S.D. Illinois · 2018
- Saint-Amour v. Richmond Org., Inc.District Court, S.D. Illinois · 2019
- In Re Arab Bank, PLC Alien Tort Statute LitigationCourt of Appeals for the Second Circuit · 2015
26 more not listed; retrieve them via the Exa API.