· 10/20/1999
La Luna Entersprises, Inc. v. CBS Corp.
Citations
- 74 F. Supp. 2d 384
- 28 Media L. Rep. (BNA) 1057
- 1999 U.S. Dist. LEXIS 16080
- 1999 WL 959373
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- acknowledging that “New York has an interest in protecting the free speech rights of publishers within its borders,” but applying Florida law because, among other things, plaintiff was from Florida and alleged that it suffered injury in Florida
- applying Florida law despite New York having “some interest in this litigation because defendants are citizens of New York”
- dismissing a fraud claim because it “[wa]s based on the same alleged injury to [the plaintiff’s] reputation as his defamation claim”
- “Although the preference for the plaintiff’s domicile is not conclusive, the significant contacts [in a defamation case] are, almost exclusively, the parties’ domiciles and the locus of the tort.” (citation omitted)
- under New York’s choice of law rules, the state of the plaintiff’s domicile in a defamation case usually has the most significant relationship to the case provided that the publication was in the plaintiff’s state
- claims of fraud are conduct-regulating
Source: CourtListener parenthetical corpus (CC0).
Judges: Robert L. Carter
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.