Nash v. CBS, INC.’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 3 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The opening scene of The [Dillinger] Print shows Ty Becker, a retired FBI agent, telling his grandchildren about Dillinger's life and the shooting outside the Biograph Theater on July 22, 1934. Ty also mentions that he doubts Dillinger was the man who was shot that night and vows to track him down some day. After the grandchildren leave with his daughter Addie, an intruder breaks into Ty’s home, steals an old gun which once belonged to Dillinger, and kills Ty with the gun. Concerned that the police would regard Ty's death as a typical murder incident to burglary rather than related to moon lighting she suspected he was performing for the FBI, Addie hires the Simons. Next, Addie goes to the bank to remove her father’s safety deposit box. While she is in the vault, a masked man, wearing 1930s-style spectator shoes, shoots tear gas into the bank and steals Ty’s safety deposit box. The Simons arrive at the bank soon thereafter and pick up the thief's gun, which turns out to be the Dillinger gun stolen from Ty’s house. Police investigation later reveals that the gun bears the fresh fingerprint of John Dillinger. The Simons are next seen purchasing newspapers which are carrying the story that Dillinger may be alive. As the Si-mons discuss the case, A.J. reads from a book entitled “Twentieth Century Desperadoes.” He implies that some evidence supports the idea Dillinger is alive and relates to Rick several physical discrepancies between Dillinger and the corpse described in the 1934”

   1 later decision quote this exact passage
   e.g. Nash v. CBS, Inc.

2. “`Misappropriation' is not necessarily synonymous with copyright infringement and thus a cause of action labeled as `misappropriation' is not preempted if it is in fact based neither on a right within the general scope of copyright ... nor on a right equivalent thereto.”

   1 later decision quote this exact passage
   e.g. 558 So. 2d 79 - Garrido v. Burger King Corp.

3. “The `goal' underlying copyright law is the same as that driving the tort of misappropriation: balancing the need to provide economic incentives for authorship against the preservation of the freedom to imitate.”

   1 later decision quote this exact passage
   e.g. 558 So. 2d 79 - Garrido v. Burger King Corp.