MacHleder v. Diaz’s Empirical Analysis

Citation profile

3 federal appellate · 1 district · 2 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'materialistic, status-conscious' " black middle class, does not measure up to the highly offensive standard). V CROSS APPEALS 70 Machleder cross-appeals from the district court's dismissal of his invasion of privacy claim on the theory of improper publicity given to private facts and Flexcraft cross-appeals the dismissal of its trespass claim. Both of these appeals are without merit. We examine the publication of private facts claim first. 71 The definition of this theory of liability for invasion of privacy is set forth in the Restatement (Second) of Torts Sec. 652D. 72 One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that (a) would be highly offensive to a reasonable person, and (b) is not of legitimate concern to the public. 73 The district court dismissed this claim because the encounter between Diaz and Machleder "took place in a semi-public area while plaintiff knew the cameras were rolling. Defendant is subject to no liability for giving further publicity to that which plaintiff leaves open to the public eye.”

   1 later decision quote this exact passage · from the majority
   e.g. Machleder v. Diaz

2. “Late this afternoon I was able to confirm that the owner of Flexicraft [sic] had told state and local authorities about the illegal dumping two years ago, and nothing' been done [sic]. The City of Newark says the State should clean it up. The State says they're investigating, but it's not necessarily their responsibility, because the Newark Housing Authority owns the lands. So the drums still sit there--still leaking.”

   1 later decision quote this exact passage · from the majority
   e.g. Machleder v. Diaz

3. “The manager told me off camera that for years the city has known all about the problem of chemical dumping on the land. So I went to City Hall, where the Mayor's Assistant said the Fire Department would check out the problem immediately.”

   1 later decision quote this exact passage · from the majority
   e.g. Machleder v. Diaz