Legal Opinion

Donald Newcombe v. Adolf Coors Company Foote, Cone and Belding and Time, Inc.

Court of Appeals for the Ninth Circuit

Decided September 22, 1998No. 95-55688PublishedCited by 248 opinions

1Opinion of the Court

HUG, Chief Judge.

Donald Neweombe, a former major league baseball all-star appeals the district court’s order denying his motion to remand to state court due to lack of diversity, and the grant of summary judgment in favor of the defendants on all claims of various torts arising from the publication of a beer advertisement allegedly bearing his likeness. In this diversity action, Neweombe contends that his likeness and identity were used without his permission in an advertisement for Killian’s Irish Red Beer, and that this violated California’s statutory and common law protections against…

2Cases cited15 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967
  4. Hustler Magazine, Inc. v. FalwellSupreme Court of the United States · 1988
  5. Bagdadi v. NazarCourt of Appeals for the Ninth Circuit · 1996

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3Cited by248 opinions

  1. Morris v. Princess Cruises, Inc.Court of Appeals for the Ninth Circuit · 2001
  2. Downing v. Abercrombie & FitchCourt of Appeals for the Ninth Circuit · 2001
  3. Strotek Corp. v. Air Transport Ass'n of AmericaCourt of Appeals for the Ninth Circuit · 2002
  4. IBC Aviation Services, Inc. v. Compañia Mexicana De AviacionDistrict Court, N.D. California · 2000
  5. Clinco v. RobertsDistrict Court, C.D. California · 1999

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