Turoso v. Cleveland Municipal Court

holding that district court could properly dismiss conspiracy count since damages were already covered in underlying tort | finding that certain video game features are “as a practical matter indispensable, or at least standard, in the treatment of a given [idea]”. | creating new Illinois torts is something for the Illinois courts or Illinois legislature to do rather than the federal courts | citing, Wainright Securities, Inc. v. Wall Street Transcript Corp., 558 F.2d 91, 94 (2d Cir.1977) | discussing the objectives of the Sunday closing law and quoting section 51:194 C | describing scenes a faire as “incidents, characters or settings which are as a practical matter indispensable, or at least standard ... in the treatment of a given topic” | “plaintiff must allege how it was injured competitively by the RICO violation in order to state a cause of action under § 1964(c).” | although manufacturer complied with FMVSS 209 and FMVSS 210, and subjects of those regulations were in part responsible for injury, compliance not a defense | video game which captured “total concept and feel” of plaintiffs video game was substantially similar to plaintiff’s game | expressive aspects of video game included audio component and concrete details of visual presentation | “The RICO claim, the only federal claim to which Seidman’s common law counts could be pendent, was not dismissed before trial, so the rule just stated is not strictly applicable.” | auditors used as “tool” of RICO enterprise were injured indirectly, therefore lacked standing | “the test is whether the accused work is so similar to the plaintiffs work that an ordinary reasonable person would conclude that the defendant unlawfully appropriated the plaintiffs protec- tibie expression by taking material of substance and value” | if accountants were defrauded by client into issuing false audit reports which in turn exposed them to liability to class plaintiffs, accountants’ claim against client is one for indemnification and money paid to the class plaintiffs is a permissible item of damages | superseded by statute on other grounds | discussing doctrine of scenes a faire | LEXIS, Genfed library, Dist. file