Doherty

Doherty v. Wireless Broadcasting Systems of Sacramento, Inc.

Good Law
151 F.3d 1129·1998 WL 465206
United States Court of Appeals for the Ninth CircuitAugust 11, 1998No. 97-16046California923 words

Opinion

Lead Opinion

Lay, J.

ORDER

The memorandum disposition filed July 1, 1998, is redesignated as an authored opinion by Judge Lay.

OPINION

Event Entertainment, Inc. (“Event”) and Don King Productions/KingVision (“King”) brought suit against Bruce Doherty for violations of 47 U.S.C. § 553 , enacted as part of the Cable Communications Policy Act of 1984, 47 U.S.C. § 605 , enacted as part of the Communications Act of 1934 (collectively, the “Act”), as well as state law claims for conversion and intentional interference with prospective economic advantage. In each case, Doherty filed a third-party complaint against Wireless Broadcasting Systems of Sacramento, Inc., d/b/a Pacific West Cable Television (“Pacific”) for indemnity and contribution, alleging claims of implied contractual liability and negligence.

Doherty consented to entry of judgment against him on the federal claims in the amount of $8,000 and Event and King agreed to dismiss the state claims with prejudice. On the indemnity claim, the district court granted summary judgment in favor of Pacific, finding that, as a matter of law, no right to indemnity exists for violations of the Act or for the intentional state law claims. Doherty appeals the…

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