Cox v. Microsoft Corp.’s Empirical Analysis

Citation profile

4 district · 4 state decisions

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

1. “private persons cannot bring a class action under the Donnelly Act because the treble damages remedy provided in General Business Law § 340 is a `penalty' within the meaning of CPLR 901(b), the recovery of which in a class action is not specifically authorized and the imposition of which cannot be waived.”

   1 later decision quote this exact passage
   e.g. 779 F. Supp. 2d 642 - In Re Packaged Ice Antitrust Litigation

2. “Federal case law is at best persuasive in the absence of state authority; it is largely irrelevant to a peculiarly local question.... In drafting CPLR 901(b), the Legislature must be deemed to have chosen its language with reference to New York law, not its federal counterpart.”

   1 later decision quote this exact passage
   e.g. Coats v. Dish Network, L.L.C.

3. “[i]t has long been recognized that a provision for the trebling of damages is penal and subject to strict construction”

   1 later decision quote this exact passage
   e.g. RMC & ASSOCIATES, INC. v. Beasley