Tominaga v. Shepherd’s Empirical Analysis
1988
Citation profile
2 federal appellate · 1 state decisions
How this case has been cited
Cited by 9 later decisions — most recently August 2011
2 federal appellate · 1 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 Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · United Mine Workers of America v. Gibbs · Brunswick Corporation v. Pueblo Bowl-O-Mat Inc
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Plaintiffs implicit argument is that the relevant market is the “Pizza Man” franchising market. This market definition is erroneous as a matter of law. No reasonable argument can be made that Pizza Man possesses the power to coerce potential franchisees to purchase the tied product rather than sell a different brand of fast food (the tying product). The analysis must take place at the “pre-contract” stage. Klein & Saft, supra, at 356. Plaintiff, however, engages in “post-contract” analysis concerning defendant’s power over already existing franchises by virtue of their “sunk costs.” This argument was explicitly rejected in Mozart.”
1 later decision quote this exact passage · from the majority“A tort claim for breach of the implied covenant of good faith and fair dealing requires proof of a special relationship between the parties, characterized by elements of public interest, adhesion and fiduciary responsibility.” Tominaga v. Shepherd, 682 F.Supp. 1489, 1498 (C.D.Cal.1988).”
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.