ABC, Inc. v. Stewart’s Empirical Analysis

Citation profile

26 federal appellate · 2 district · 9 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the challenged action was in duration too short to be fully litigated prior to its cessation or expiration, and (2) there is a reasonable expectation that the same complaining party will be subjected to the same action again.”

   2 later decisions quote this exact passage · from the majority
   e.g. 280 F. Supp. 3d 373 - Abdi v. Duke · United States v. Quattrone

2. “Concerned as we are only with the case before us, we merely observe that, in this case, there were at least two available alternatives to complete closure that would have effectively addressed the district court’s stated concern about the candor of prospective jurors. First, we do not see why simply concealing the identities of the prospective jurors would not have been sufficient to ensure juror candor. Under the January 15 Order, members of the media can access transcripts of the voir dire examinations, redacted only to conceal the names of prospective and chosen jurors. Venire members therefore could not speak openly and frankly free of any fear that their answers would be published, but only free of fear that their names would be published alongside their answers. The district court suggested that referring to members of the venire panel by number in place of name would not have been an effective alternative to contemporaneous closure for two reasons: If members of the media had attended the voir dire proceedings, (1) they might somehow have discovered the names of the prospective jurors-defeating actual anonymity, and (2) potential jurors would have feared that their names would be discovered-undermining perceived anonymity. We respectfully disagree with both conclusions. Other courts have been able to conceal juror identity, without closing voir dire proceedings to the media, and there is no indication in the record of media misconduct that might differentiate this case”

   1 later decision quote this exact passage · from the majority
   e.g. 483 F. Supp. 2d 618 - United States v. Black

3. “1. The parties shall not use juror names during voir dire or during trial. 2. A single pool reporter may attend voir dire sidebars to observe and take notes, The reporter may not speak or ask- questions. The reporter must leave the sidebar area if the court so orders. 3. The press may request transcripts of the voir dire sidebars. The only information that will be redacted will be information that is highly personal and that appears in a context in which it would be possible to identify the venirepérson. 4. Within the United States Courthouse for. the Eastern District of New York, the press, including representatives of the print and broadcast media, sketch artists, photographers, free-lance journalists, authors, and writers, shall not sketch or photograph any juror or prospective juror. 5. This order will be sent via e-mail to " counsel for the EDNY press pool.”

   1 later decision quote this exact passage · from the majority
   e.g. 260 F. Supp. 3d 257 - United States v. Shkreli