Cases: Common Law Flashcards
(22 cards)
White v. Samsung Electronics America, Inc. (9th Cir., 1993)
Wheel of Fortune Robot Lady Case: common-law right of publicity can protect a celebrity’s identity from unauthorized commercial exploitation. White won by showing the Samsung had appropriated her identity
Pierson v. Post (1805 fox case)
Supreme Court of NY held that the person who seizes or mortally wounds a wild animal has ownership over it. Pursuit alone is not sufficient. Pierson wins
First possession approach, the rule of capture says that the one who takes possession of the animal has the right to it.
State v. Shack
(NJ, 1971)
The ownership of real property does not include the right to refuse access to individuals providing government services to workers housed on property.
“Property rights serve human values.”
Jacque v. Steenberg Homes, Inc.
(Wis.1997)
Under Wisconsin law, a jury has discretion to award punitive damages for intentional trespasses, even if compensatory damages were not warranted and only nominal damages were awarded.
Moore v. Regents of the Uni of CA (CA,1990)
Once cells leave a patient’s body, they are no longer that patient’s property.
Johnson v. M’Intosh
(1823)
Land title transfers are only valid when made under the rule of the currently prevailing government. Indian title transfer is invalidated due to a later transfer of the same land by different Indian tribe, to the govt bc Govt is Supreme.
Sundowner, Inc. v. King
A landowner cannot make malicious use of their property to injure another (especially by erecting a spite fence)
Prah v. Maretti
Private nuisance law can be suited for right to sunlight cases
Eyerman v. Mercantile Trust Co.
A well-ordered society cannot tolerate the waste and destruction of resources when such acts directly affect the important interests of other members of that society
Gurwit v. Kannatzer:
Adverse possession: possession is hostile, that is under claim of right; actual; open and notorious; exclusive; and continuous over the statutory period
Van Valkenburgh v. Lutz:
A party takes adverse possession of a property owned by another when he takes actual possession of it, encloses it and/or makes improvements to it, for a statutory period of years.
Fulkerson v. Van Buren:
Tioga Coal Co v. Supermarkets Gen. Corp:
Tioga locked the gate to Agate Street and maintained the lock until 1978, when the gate was removed. Tioga sued SGC seeking to take title to Agate Street by adverse possession
Subjective hostility is not required to establish adverse possession.
Howard v. Kunto
House record inaccurately described tract. Musical houses.
Rule: Adverse possession occurs when a person takes actual possession of property that is uninterrupted, open and notorious, hostile and exclusive, under a claim of right for a statutorily specified period of time.
Armory v. Delamirie
A chimney sweep Π boy finds jewel & takes to goldsmith ∆ who keeps it.
Finder has a possessory property interest in the chattel which may be enforced against anyone except the true owner of the chattel.
Hannah v. Peel (1945)
Army Lt. Hannah found a brooch on windowsill in Peels house. Reported to police,they hold brooch for two years. When no owner was found, the police gave the brooch to Peel (homeowner) who sold it for 66£ in 1942.
A finder of LOST chattel on another’s property has rights to that chattel superior to the rights of the property owner!
McAvoy v. Medina (1866)
Customer found pocketbook in a haircuttery that was accidentally left on the table by another customer.
Mislaid property is not subject to the rule that a finder of lost property has a valid claim to the property against everyone except the true owner.
Benjamin v. Lindner Aviation (1995)
Pilot engineer discovers $$$ concealed in the plane’s wing during inspection.
Property is mislaid when it is intentionally placed or concealed by an owner and later forgotten, and the property belongs to the owner of the premises where the property is found.
Reynolds v. Bagwell
Violin was stolen in 1933. The Π saw ∆ had the violin in 1938. SOL= 2 years.
Adverse possession of chattels is when you hold an item for longer than the statutory limitations allow without fraud or concealment
O’Keeffe v. Snyder (1980)
O’Keefe’s paintings were stolen from a gallery. (Future interest in painting).
Adopted the discovery rule: cause of action does not accrue until the injured party discovers, through due dilligence, the facts which form the basis of the cause of action
Gruen v. Gruen (1986)
Father wrote letter to his son to gift painting but wanted it during life. Letter was destroyed but other letters referenced it.
Rule: A inter vivos gift of a chattel may be made where the donor has reserved a life estate in the chattel. (Letters served as instruments of gifts for Delivery requirement).
In re Estate of Oak (2020)
Suicide note gifts “worldly belongings” to partner 7 suicides.
Rule: A gift causa mortis can be valid after suicide because suicide is caused by a mental illness
