Curtis-Universal Incorporated v. Sheboygan Emergency Medical Services Incorporated First National Insurance Company of America’s Empirical Analysis
43 F.3d 1119 · 1994
Citation profile
26 federal appellate · 2 district · 5 state decisions
How this case has been cited
Cited by 78 later decisions — most recently April 2019 · most notably Advance Watch Company, Limited v. Kemper National Insurance Company, the Travelers Indemnity Company of America, Cross-Appellee (1996), 50 Cal. App. 4th 548 - Lebas Fashion Imports of USA, Inc. v. ITT Hartford Insurance Group (1996)
26 federal appellate · 2 district · 5 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
Applies 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 45 (§ 5 of the Federal Trade Commission Act of 1914)
Relies on New York Times Co. v. Sullivan · Weiss v. Wiederlight · 119 Wis. 2d 722 - Kremers-Urban Co. v. American Employers Insurance Co. · 169 Wis. 2d 310 - Elliott v. Donahue · Federal Trade Commission v. Brown Shoe Co.
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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]nfringement of copyright, title or slogan.”
7 later decisions quote this exact passage“The insurer’s obligations are not circumscribed by the plaintiffs choice of legal theories. The plaintiffs complaint, upon which the insurer’s duty depends, need not even set forth the plaintiffs legal theories. See, e.g., Fed.R.Civ.P. 8(a); Fed.R.Civ.P. Form 9. What is important is not the legal label that the plaintiff attaches to the defendant’s (that is, the insured’s) conduct, but whether that conduct as alleged in the complaint is at least arguably within one or more of the categories of wrongdoing that the policy covers.”
6 later decisions quote this exact passage · from the majority“all the other terms in the list of wrongs insured under the rubric of 'advertising injury' involved the misuse of information”
5 later decisions 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.