Fink v. Time Warner Cable’s Empirical Analysis
714 F.3d 739 · 2013
Citation profile
9 federal appellate · 2 district ·
Relationships
Applies 18 U.S.C. § 1030 (Computer Fraud and Abuse Act)
Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A. · L-7 Designs, Inc. v. Old Navy, LLC · Freeman v. Time, 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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]n determining whether a reasonable consumer would have been misled by a particular advertisement, context is crucial.”
8 later decisions quote this exact passage · from the majority“likely to mislead a reasonable consumer acting reasonably under the circumstances.”
6 later decisions quote this exact passage · from the majority“[A] court may determine as a matter of law that an allegedly deceptive [representation] would not have misled a reasonable consumer.”
5 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.