Radio Corp. of America v. Radio Station KYFM, Inc.’s Empirical Analysis
424 F.2d 14 · 1970
Citation profile
32 federal appellate · 4 district · 13 state decisions
How this case has been cited
Cited by 64 later decisions — most recently July 2024 · most notably Steele v. Federal Bureau of Prisons (2003), Renfro v. City of Emporia (1991)
32 federal appellate · 4 district · 13 state decisions
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 Dunn v. St. Louis-San Francisco Railway Co. · Simms v. Andrews · Taylor v. Reo Motors, Inc. · Century Refining Company v. Charles T. Hall, Charles T. Hall, Cross-Appellant v. Century Refining Company, Cross-Appellee
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“. . . requires a party pleading to a preceding pleading to set forth affirmatively all matters which the pleading party intends to use as an avoidance or affirmative defense. If such defenses are not affirmatively pleaded, asserted with a motion under Rule 12(b) or tried by the express or implied consent of the parties, such defenses are deemed to have been waived and may not thereafter be considered as triable issues in the case.”
3 later decisions quote this exact passage · from the majority“It is axiomatic that the failure of a party to effectively raise an affirmative defense precludes any requirement that the Trial Judge present such issue to the jury by an instruction.”
1 later decision quote this exact passage · from the majority“[i]t is the duty of the trial court to instruct the jury on issues raised by the pleadings and supported by the evidence and nothing more.”
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.