· 4/4/2005
Lou Dibella and Dibella Entertainment, Inc., Plaintiffs-Appellants-Cross-Appellees v. Bernard Hopkins, Defendant-Appellee-Cross-Appellant
Citations
- 403 F.3d 102
- 66 Fed. R. Serv. 1104
- 33 Media L. Rep. (BNA) 1979
- 2005 U.S. App. LEXIS 5332
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, when hearing a New York state- law claim “under our diversity jurisdiction, we are obligated to apply New York's standard of proof”
- holding that a trial record could be reopened to correct misleading statements counsel made during summations
- recognizing that Prozeralik is the controlling standard for the purpose of punitive damages in a defamation case 46 and that \New York Pattern Jury Instruction § 3:30\ is \in accord with that standard\
- noting that certification is proper when “state law is so uncertain that we 13 can make no reasonable prediction” about how the state’s highest court would 14 decide the question
- stating that Rule 28(j) could not be used to submit new evidence to an appeals court
- explaining that certification is inappropriate “where sufficient precedents exist” for us to resolve the appeal
Source: CourtListener parenthetical corpus (CC0).
Judges: Cardamone, McLAUGHLIN, Wesley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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