152 F. App'x 317 - Network Computing Services Corp. v. Cisco Systems, Inc.’s Empirical Analysis
2005
Citation profile
2 district ·
Relationships
Applies 28 U.S.C. § 1746
Relies on Thompson v. Potomac Electric Power Co. · Noack Enterprises, Inc. v. Country Corner Interiors of Hilton Head Island, Inc. · Winburn v. Insurance Co. of North America · Daisy Outdoor Advertising Co. v. Abbott · Havird Oil Company, Incorporated v. Marathon Oil Company, Incorporated, and Emro Marketing Company, Incorporated
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(1) that the defendant engaged in an unlawful trade practice, (2) that the plaintiff suffered actual, ascertainable damages as a result of the defendant’s use of the unlawful trade practice, and (3) that the unlawful trade practice engaged in by the defendant had an adverse impact on the public interest.” Havird Oil Co. v. Marathon Oil Co., 149 F.3d 283, 291 (4th Cir.1998). The third element may be satisfied by proof of “facts demonstrating the potential for repetition of the defendant’s actions.” Daisy Outdoor Advertising Co. v. Abbott, 322 S.C. 489, 493 , 473 S.E.2d 47 (1996). “Plaintiffs generally have shown potential for repetition in two ways: (1) by showing the same kind of actions occurred in the past, thus making it likely they will continue to occur absence deterrence or (2) by showing the company’s procedures create a potential for repetition of the unfair and deceptive acts.” Id. at 496 , 473 S.E.2d 47 . In focusing on the defendant’s past actions, South Carolina courts have looked at the harm to the people of South Carolina caused by the challenged practice. “The legislature intended in enacting the UTPA to control and eliminate the large scale use of unfair and deceptive trade practices within the state of South Carolina.” Noack Enters. Inc. v. Country Corner Interiors, 290 S.C. 475, 477 , 351 S.E.2d 347 (S.C.Ct.App.1986). Public harm “must be proved by specific facts.” Jefferies v. Phillips, 316 S.C. 523, 527 , 451 S.E.2d 21 (S.C.Ct.App.1994).”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.