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← 563 F.3d 981 - Gardner v. Martino

Gardner v. Martino’s Empirical Analysis

563 F.3d 981 · 2009

Citation profile

86
cited by 86 later decisions
November 2021
most recently cited

12 federal appellate · 6 district ·

How this case has been cited

Cited by 86 later decisions — most recently November 2021 · most notably Cervantes v. Countrywide Home Loans, Inc. (2011), Makaeff v. Trump University, LLC (2013)

12 federal appellate · 6 district ·

840200920102020decided

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 28 U.S.C. § 1291 · 28 U.S.C. § 1331 · 28 U.S.C. § 636

Relies on Gertz v. Robert Welch, Inc. · Milkovich v. Lorain Journal Co. · Vess v. Ciba-Geigy Corp. USA · Knievel v. ESPN · Top Service Body Shop, Inc. v. Allstate Insurance

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

  1. “(c) Any oral statement made, or written statement or other document presented, in a place open to the public or a public forum in connection with an issue of public interest; or (d) Any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest.” Or.Rev.Stat. § 31.150(2). If the defendant meets the initial burden,”
    1 later decision quote this exact passage · from the majority
  2. “[a] cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.”
    1 later decision quote this exact passage · from the majority
  3. “are subject to the same first amendment requirements that govern actions for defamation.”
    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.