Public-domain · open source
OpenJurist
← 557 F.2d 918 - Contemporary Mission, Inc., Plaintiff-Appellee-Cross-Appellant v. Famous Music Corporation, Defendant-Appellant-Cross-Appellee

Contemporary Mission, Inc., Plaintiff-Appellee-Cross-Appellant v. Famous Music Corporation, Defendant-Appellant-Cross-Appellee’s Empirical Analysis

557 F.2d 918 · 1977

Citation profile

130
cited by 130 later decisions
4
states following
September 2018
most recently cited

39 federal appellate · 6 district · 4 state decisions

How this case has been cited

Cited by 130 later decisions — most recently September 2018 · most notably Doe ex rel. Doe v. New York City Department of Social Services (1981), United States v. Robinson (1977)

39 federal appellate · 6 district · 4 state decisions

44019771980199020002010decided

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 Klaxon Co. v. Stentor Electric Manufacturing Co. · Holland v. United States · Costello v. United States · Cole v. United States · Wood v. . Duff-Gordon

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 130 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “plaintiff need only demonstrate a 'stable foundation for a reasonable estimate of royalties....'”
    7 later decisions quote this exact passage · from the majority
  2. “[U]nder the long-standing New York rule, when the existence of damage is certain, and the only uncertainty is as to its amount, the plaintiff will not be denied a recovery of substantial dam-ages_ Moreover, the burden of uncertainty as to the amount of damage is upon the wrongdoer, ... and the test for admissibility of evidence concerning prospective damages is whether the evidence has any tendency to show their probable amount.... “Such an estimate necessarily requires some improvisation, and the party who has caused the loss may not insist on theoretical perfection.” ... “[T]he law will make the best appraisal that it can, summoning to its service whatever aids it can command.””
    4 later decisions quote this exact passage · from the majority
  3. “'act of delegation ... does not relieve the delegant of the ultimate responsibility to see that the obligation is performed. If the delegate fails to perform, the delegant remains liable.' " Id. at 25 (quotingContemporary Mission Inc. v. Famous Music Corp., 557 F.2d 918 , 924 (2d Cir.1977)). "In keeping with the general and Illinois rule that obligations may be delegated, but not totally discharged,”
    3 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.