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← 68 F.3d 621 - United States Court of Appeals, Second Circuit

United States Court of Appeals, Second Circuit’s Empirical Analysis

1995

Citation profile

80
cited by 80 later decisions
1
states following
August 2021
most recently cited

7 district · 2 state decisions

How this case has been cited

Cited by 80 later decisions — most recently August 2021 · most notably Jo Ann Knight v. State of Connecticut Department of Public Health (2001), SHL Imaging, Inc. v. Artisan House, Inc. (2000)

7 district · 2 state decisions

3301995200020102020decided

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 National Union Fire Insurance v. Helfand · United States v. Masonite Corp. · Seiden Associates, Inc. v. Anc Holdings, Inc. · Sayers v. Rochester Telephone Corp. Supplemental Management Pension Plan · Nlfc Incorporated v. Devcom Mid-America Incorporated

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

  1. “the copyright owner bears the burden of proving that the defendant's copying was unauthorized.”
    3 later decisions quote this exact passage · from the majority
  2. “Under New York law, where, as here, the written agreement does not contain a merger clause, the court must determine whether the agreement is integrated “by reading the writing in the light of surrounding circumstances, and by determining whether or not the agreement was one which the parties would ordinarily be expected to embody in the writing.” Braten v.. Bankers Trust Co., 60 N.Y.2d 155 , 468 N.Y.S.2d 861, 864 , 456 N.E.2d 802, 804 (1983) (quoting Ball v. Grady, 267 N.Y. 470, 472 , 196 N.E. 402 (1935)). The “decision in each case must, of course, turn upon the type of transaction involved, the scope of the written contract” and the content of any other agreements asserted. Fogelson v. Rackfay Constr. Co., 300 N.Y. 334, 338 , 90 N.E.2d 881 (1950).”
    1 later decision quote this exact passage · from the majority
  3. “[T]he possession of a license by an accused infringer traditionally has been characterized as a matter of affirmative defense.”
    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.