430 F. Supp. 1209 - Evans v. Sturgill’s Empirical Analysis
1977
Citation profile
2 federal appellate · 2 state decisions
How this case has been cited
Cited by 13 later decisions — most recently September 2009
2 federal appellate · 2 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 Roberson v. . Rochester Folding Box Co. · Bernstein v. National Broadcasting Company · State of Wisconsin v. State of Illinois and Sanitary District of Chicago · Becker v. Safelite Glass Corporation · Bernstein v. National Broadcasting 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Several states, including Virginia, have passed statutes which are substantially similar to the New York statute. See Chaplin v. National Broadcasting Co., 15 F.R.D. 134, 138 (S.D.N.Y.1953). The Vir ginia statute states that the use, for commercial purposes, of the name, portrait, or picture of any person without his or her consent is a misdemeanor. Va.Code Sect. 8-650 (1957 Repl.Vol.) The statute further provides for injunctive relief and damages against the party misusing the name, portrait, or picture. No Virginia case has been located which has construed this statute. Also, no Virginia case has been located which found a right of privacy existing outside of the statute. However, a federal district court has considered the Virginia statute and has given it the same strict construction which the New York courts have given the very similar New York statute. Bernstein v. National Broadcasting Company, 129 F.Supp. 817, 829 (Dist.Col.1955); cert. denied 352 U.S. 945 , 77 S.Ct. 267 , 1 L.Ed.2d 239 (1956). In that case, the plaintiff had sued NBC for presenting a television program in 1952 which was a fictionalized dramatization of the plaintiff’s conviction for bank robbery in 1919 and his subsequent pardon. The district court analyzed the law of Virginia and the law of the District of Columbia and concluded that no right of privacy existed in Virginia outside of the statute, Va.Code See. 8 — 650. The court went on to find that the television program did not fall within the narr”
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.