Davidson & Associates v. Jung’s Empirical Analysis

Citation profile

11 federal appellate · 7 district · 4 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a] plaintiff may not merely point to unsupported self-serving allegations, but must substantiate allegations with sufficient probative evidence that would permit a finding in the plaintiff's favor.”

   5 later decisions quote this exact passage · from the majority
   e.g. Awnings v. Fullerton · 635 F. Supp. 2d 970 - Donnelly v. St. John's Mercy Medical Center

2. “On and after January 1, 1978, all legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright as specified by section 106 in works of authorship that are fixed in a tangible medium of expression and come within the subject matter of copyright as specified by sections 102 and 103, whether created before or after that date and whether published or unpublished, are governed exclusively by this title. Thereafter, no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.”

   1 later decision quote this exact passage · from the majority
   e.g. 57 F. Supp. 3d 985 - Issaenko v. University of Minnesota

3. “the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.”

   1 later decision quote this exact passage · from the dissent
   e.g. Mge UPS Systems, Inc. v. Ge Consumer and Indus.