Burck v. Mars, Inc.’s Empirical Analysis

Citation profile

1 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “in commerce;” (2) “made a false or misleading representation of fact;” (3) “in connection with goods or services;” (4)”

   2 later decisions quote this exact passage · from the majority
   e.g. Estate of Barré v. Carter · Fischer v. Forrest

2. “Rule 12(f) of the Federal Rulés of Civil Procedure provides that a “court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” Fed. R. Civ. P. 12(f); see Emmpresa Cubana Del Tabaco v. Culbro Corp., 213 F.R.D. 151, 155 (S.D.N.Y. 2003). But courts “should not tamper with the pleadings unless there is a strong reason for so doing.” Lipsky v. Commonwealth United Corp., 551 F.2d 887, 893 (2d Cir. 1976). Motions to strike affirmative defenses are thus “generally disfavored,” Emmpresa Cubana Del Tabaco, 213 F.R.D. at 155 (internal quotation marks and citations omitted), and should be denied “unless it is clear that the allegations in question can have no possible bearing on the subject matter of the litigation,” Quanta Specialty Lines Ins. Co. v. Investors Capital Corp., No. 06 Civ. 4624 (PKL), 2008 WL 1910503 , at (S.D.N.Y. Apr. 30, 2008).”

   1 later decision quote this exact passage · from the majority
   e.g. Colonial Funding Network, Inc. v. Epazz, Inc.

3. “uses in commerce [of] any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which— (A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities[.]”

   1 later decision quote this exact passage · from the majority
   e.g. Roberts v. Bliss