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← 277 FSUPP3D 326 - Avitabile v. Beach

Avitabile v. Beach’s Empirical Analysis

2017

Citation profile

3
cited by 3 later decisions
August 2019
most recently cited

Relationships

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Lujan v. Defenders of Wildlife · Winter v. Natural Resources Defense Council, Inc. · Babbitt v. United Farm Workers National Union · District of Columbia v. Heller · Thomas v. Union Carbide Agricultural Products Co.

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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(1) a likelihood of irreparable harm; (2) either a likelihood of success on the merits or sufficiently serious questions as to the merits plus a balance of hardships that tips decidedly in their favor (3) that the balance of hardships tips in their favor regardless of the likelihood of success; and (4) that an injunction is in the public interest.”
    1 later decision quote this exact passage
  2. “[D]istrict courts in this Circuit have continually chosen to apply 'intermediate scrutiny to general challenges under the Second Amendment, even when reviewing statutes or laws that may restrict the possession of [weapons] in the home.'”
    1 later decision quote this exact passage
  3. “); see also Avitabile , 277 F.Supp.3d at 333 ("These two Supreme Court decisions managed to upset an entire area of constitutional law without offering much in the way of guidance to the lower courts.”
    1 later decision quote this exact passage

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.