8. In FACTORS ETC., INC. v. PRO ARTS, INC., 652 F.2d 278 (2d Cir. 1981), certiorari denied...
Question:
8. In FACTORS ETC., INC. v. PRO ARTS, INC., 652 F.2d 278 (2d Cir. 1981), certiorari denied 456 U.S. 927, 102 S. Ct. 1973, 72 L.Ed.2d 442 (1982), a federal court sitting in New York was required to apply Tennessee law to the question of whether Elvis Presley’s right of publicity survived his death. Tennessee state courts never had addressed that issue, but the Sixth Circuit (the circuit encompassing Tennessee) had decided a similar case. The Second Circuit held that the District Court, in such a circumstance, was bound by the Sixth Circuit’s view of Tennessee law. The court reasoned that the Sixth Circuit was more familiar with Tennessee law since it frequently was required to interpret Tennessee law.
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Civil Procedure Cases And Materials
ISBN: 9780314280169
11th Edition
Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff