Bernstein v. Glavin’s Empirical Analysis
2000
Citation profile
42 state decisions
Relationships
Applies 17 U.S.C. § 106 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 201 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 202 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 204 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 205 (§ 101 of the Copyright Act of 1976)
Relies on Tristani v. Eastern Air Lines, Inc. · Watson v. United States · Lotus Development Corp. v. Borland International, Inc. · Effects Associates, Inc. v. Cohen · Playboy Enterprises, Inc. v. Dumas
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he fact that the parties [made] cross-motions for summary judgment does not alter our standard of review. Instead, we must consider each motion separately to determine whether the moving party is entitled to judgment as a matter of law.”
5 later decisions quote this exact passage“To prove a legal malpractice claim, 'a plaintiff-client must show (1) employment of an attorney (duty); (2) failure by the attorney to exercise ordinary skill and knowledge (breach); (8) proximate cause (causation); and (4) loss to the plaintiff (damages) " Bernstein v. Glavin, 725 N.E.2d 455, 462 (Ind.Ct.App.2000) (quoting Fricke v. Gray, 705 N.E.2d 1027, 1033 (Ind.Ct.App.1999), trans. denied), trams. denied. A defendant is entitled to judgment as a matter of law "when undisputed material facts negate at least one element of a plaintiff's claim.”
1 later decision quote this exact passagee.g. Douglas v. Monroe“To prove a legal malpractice claim, 'a plaintiff-client must show (1) employment of an attorney (duty); (2) failure by the attorney to exercise ordinary skill and knowledge (breach); (8) proximate cause (causation); and (4) loss to the plaintiff (damages)”
1 later decision quote this exact passagee.g. Douglas v. Monroe
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.