NBA v. Motorola, Inc., 105 F.3d 841 (1997) p.810
federal preemption of state law
Motorola sold a pager that alerted users to basketball scores. The NBA said it was missapropriation of hot news under a New York state law.
Trial court upheld the hot-news exception. Second circuit reversed on the grounds that the NY law had been preempted by federal.
Whether the NY law is preempted.
We hold that a narrow hot news exception does survive preemption. However transmission of scores of games in progress does not constitute a misappropriation of hot news. We conclude that Motorola and STATS have not engaged in unlawful misappropriation under the hot-news test set out above.
We hold that the surviving hot news claim is limited to the following types of cases:
Created on: Thursday, November 11, 1999 at 20:28:21 (PST)