Federal Trade Commission v. Algoma Lumber Co.’s Empirical Analysis
291 U.S. 67 · 1934
Citation profile
346 federal appellate · 9 district · 21 state decisions
How this case has been cited
Cited by 474 later decisions (36 by the Supreme Court) — most recently July 2016 · most notably Ala Schechter Poultry Corporation v. United States (1935), National Labor Relations Board v. Columbian Enameling & Stamping Co. (1939)
346 federal appellate · 9 district · 21 state decisions — followed in 10 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Appellate journey
reviewedAlgoma Lumber Co. v. Federal Trade Commission (from Ninth Circuit Court of Appeals)
Relationships
Applies 15 U.S.C. § 45 (§ 5 of the Federal Trade Commission Act of 1914)
Relies on Hanover Star Milling Co. v. Metcalf · United Drug Co. v. Theodore Rectanus Co. · Federal Trade Commission v. Pacific States Paper Trade Ass'n · Federal Trade Commission v. Winsted Hosiery 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 474 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Indeed there is a kind of fraud, as courts of equity have long perceived, in clinging to a benefit which is the product of misrepresentation, however innocently made.”
4 later decisions quote this exact passage · from the majority““The consumer is prejudiced if upon giving an order for one thing, he is supplied with something else. * * In such matters, the public is entitled to get what it chooses, though the choice may be dictated by caprice or by fashion or perhaps by ignorance. Nor is the prejudice only to the consumer. Dealers and manufacturers are prejudiced when orders that would have come to them if the lumber had been rightly named, are diverted to others whose methods are less scrupulous.” 291 U.S. at 78 , 54 S.Ct. at 320 , 78 L.Ed. 655 .”
3 later decisions quote this exact passage · from the majority“make its own appraisal of the testimony, picking and choosing for itself among uncertain and conflicting inferences.”
3 later decisions 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.