Sambo's Restaurants, Inc. v. City of Ann Arbor’s Empirical Analysis
663 F.2d 686 · 1981
Citation profile
17 federal appellate · 2 district · 6 state decisions
How this case has been cited
Cited by 40 later decisions — most recently November 2017 · most notably Erie Telecommunications, Inc. v. City of Erie (1988), Kmc Co Inc v. Irving Trust Company (1985)
17 federal appellate · 2 district · 6 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
Applies 15 U.S.C. § 1051 (§ 1 of the Trademark Act of 1946 (Lanham Act)) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on International Shoe Co. v. Washington · United States v. United States Gypsum Co. · Johnson v. Zerbst · New York Times Co. v. Sullivan · Brewer v. Williams
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“At the outset, we must determine whether the expression is protected by the First Amendment. For commercial speech to come within that provision, it at least must concern lawful activity and not be misleading. Next, we ask whether the asserted governmental interest is substantial. If both inquiries yield positive answers, we must determine whether the regulation directly advances the governmental interest asserted, and whether it is not more extensive than is necessary to serve that interest.”
1 later decision quote this exact passage · from the dissent“Unlike Overmyer, this case does not present a situation where there is an agreement which is binding as a matter of state contract law. Overmyer, indicates, however, that in the civil context the presence of consideration will constitute some evidence of waiver. We cannot find sufficient consideration here to evidence a waiver ....”
1 later decision quote this exact passage“whenever 'constitutional rights turn on the resolution of a factual dispute we are duty bound to make an independent examination of the evidence in the record.'”
1 later decision quote this exact passage
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.