New York v. Microsoft Corp.’s Empirical Analysis

Citation profile

7 district · 1 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he recordkeeping requirement should not be imposed in a draconian manner .... Total denial of requested fees as a purely prophylactic measure, ... is a stringent sanction, to be reserved for only the most severe of situations, and appropriately invoked only in very limited circumstances. Outright denial may be justified when the party seeking fees declines to proffer any substantiation in the form of affidavits, timesheets or the like, or when the application is grossly or intolerably exaggerated, or manifestly filed in bad faith.”

   1 later decision quote this exact passage · from the majority
   e.g. Judicial Watch, Inc. v. Department of Commerce

2. “The Court does not agree with Microsoft that Plaintiff did not achieve any success in its efforts during the remedy proceeding. ... [Plaintiffs] efforts achieved the result articulated by the D.C. Circuit that this Court fully explore the facts in order to establish an appropriate remedy for the liability findings.”

   1 later decision quote this exact passage · from the majority
   e.g. Judicial Watch, Inc. v. Department of Commerce