Faulkner v. National Geographic Enterprises Inc.’s Empirical Analysis
409 F.3d 26 · 2005
Citation profile
13 federal appellate · 3 district · 1 state decisions
Relationships
Applies 17 U.S.C. § 101 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 102 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 103 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 106 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 201 (§ 101 of the Copyright Act of 1976) · 28 U.S.C. § 455
Relies on Celotex Corporation v. Catrett H · Parklane Hosiery Co. v. Shore · Liteky et al United States · Commissioner v. Sunnen · Liljeberg v. Health Services Acquisition Corp.
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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the identical issue was raised in a previous proceeding; (2) the issue was actually litigated and decided in the previous proceeding; (3) the party had a full and fair opportunity to litigate the issue; and (4) the resolution of the issue was necessary to support a valid and final judgment on the merits.”
4 later decisions quote this exact passage · from the majority“In our view, the Tasini approach so substantially departs from the Green-berg [I] analysis that it represents an intervening change in law rendering application of collateral estoppel inappropriate.”
2 later decisions quote this exact passage · from the majority“[T]here are no changes in the content, format, or appearance of the issues of the magazine. The pages appear as they do in the print version, including all text, photographs, graphics, advertising, credits and attributions. Issues of the Magazine appear chronologically with the first issue published appearing at the beginning of the first disk and the last appearing at the end of the last disk. The individual images and texts are therefore viewed in a context almost identicalbut for the use of a computer screen and the power to move from one issue to another and find various items quicklyto that in which they were originally published.”
1 later decision 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.