Shields v. Gross
Court of Appeals of New York
448 N.E.2d 108 (1983)
Gross (defendant) took nude photographs of Shields (plaintiff) when she was a minor. Shields’s mother provided unrestricted consent for the use of the photographs. The photographs were used in many magazines and other mediums without incident. However, Shields became disturbed when they appeared in one particular French magazine she did not like. Shields filed suit, seeking damages and an injunction against Gross’s further use of the photographs. The trial court granted Shields a preliminary injunction. However, after a jury trial, the trial court ruled that the consent was unrestricted and dismissed the complaint. However, the trial court also granted Shields relief based upon the parties’ stipulation that Gross would not use the photographs in pornographic or other similar magazines. Shields appealed. The Appellate Division granted Shields a permanent injunction and enjoined Gross’s use of the photographs for advertising or trade. Both parties appealed to the Court of Appeals of New York.
Rule of Law
Holding and Reasoning (Simons, J.)
Dissent (Jasen, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.