KMS Restaurant Corp. v. Wendy's International, Inc.’s Empirical Analysis
361 F.3d 1321 · 2004
Citation profile
14 federal appellate ·
How this case has been cited
Cited by 29 later decisions — most recently December 2020 · most notably United States v. Levy (2004), United States v. Levy (2005)
14 federal appellate ·
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.
Relationships
Relies on Stein v. Reynolds Securities, Inc. · American States Insurance v. Piasecki · United States of America v. Jennifer Aguillard · Politis v. General Hotel & Restaurant Supply Corp. · Gm Brod Company Inc v. US Home Corporation
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“malice is the sole basis for the interference. In other words, the party must be interfering solely out of spite, to do harm, or for some other bad motive.”
1 later decision quote this exact passage · from the majority“there is some really persuasive indication that the Florida Supreme Court would go the other way.”
1 later decision quote this exact passage · from the majority“[A] party cannot argue an issue in its reply brief that was not preserved in its initial brief.”
1 later decision quote this exact passage · from the concurrence
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.