Lupia v. Stella D'Oro Biscuit Co.’s Empirical Analysis
586 F.2d 1163 · 1978
Citation profile
48 federal appellate · 4 district · 2 state decisions
How this case has been cited
Cited by 105 later decisions — most recently August 2015 · most notably Jf Feeser Inc v. Serv-a-Portion Inc (1990), Valley Liquors, Inc. v. Renfield Importers, Ltd. (1987)
48 federal appellate · 4 district · 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 Poller v. Columbia Broadcasting System, Inc. · Brunswick Corporation v. Pueblo Bowl-O-Mat Inc · Northern Pacific Railway Co. v. United States · Illinois Brick Co. v. Illinois · Sartor v. Arkansas Natural Gas Corp.
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 105 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he very nature of antitrust litigation would encourage summary disposition of such cases when permissible. Not only do antitrust trials often encompass a great deal of expensive and time consuming discovery and trial work, but also, ... the statutory private antitrust remedy of treble damages affords a special temptation for the institution of vexatious litigation .... If a trial would serve no useful purpose, summary judgment is proper.”
2 later decisions quote this exact passage · from the majority“[I]t would appear the circuits all view the treble damages suit as too lethal a cannon to put in the hands of anyone who has suffered only an "indirect," "secondary," or "remote" injury. Lupia v. Stella D'Oro Biscuit Co., Inc., 586 F.2d at 1168 .”
2 later decisions quote this exact passage · from the majority“[n]ot only must the injury be direct, but it must be of the kind the antitrust laws were written to guard against.”
2 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.