Kramer v. Newman’s Empirical Analysis
1990
Citation profile
Relationships
Relies on California State Board of Equalization v. Western Marina Corp. · Scharffe v. Perkins · ITT Continental Baking Co. v. William Inglis & Sons Baking Co. · S. S. W., Inc. v. Air Transport Ass'n of America · Bobbs-Merrill Company v. Isidor Straus R H
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Assessment of the plaintiff's claims” in Kramer required the court to "explore copyright law prior to the 1976 Copyright Act.” Id. at 548 . The instant case does not require a similar assessment of pre-1978 law. The new federal copyright law governs. There is no dispute, as the court in Kramer noted, that before 1976 "[t]he common law of copyright (often referred to as the right of first publication) was not preempted by federal law.” Id. Plaintiff's common law claim, however, arises after 1978 and therefore is preempted. 5 . As the Fourth Circuit noted in Rosciszewski , the derivative jurisdiction rule, which prevented removal of claims within the exclusive jurisdiction of the federal courts, was abolished in 1986. See 28 U.S.C. § 3721 ; see also 28 U.S.C. § 1441 (e) (permitting district court to hear claims removed from state court even if state court did not have jurisdiction). 6 . Plaintiff in any event is hard pressed to state a claim for intentional infliction of emotional distress. The New York Court of Appeals has adopted the Restatement formulation for this tort: "One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress.”
1 later decision quote this exact passage · from the majority“explore copyright law prior to the 1976 Copyright Act.” Id. at 548 . The instant case does not require a similar assessment of pre-1978 law. The new federal copyright law governs. There is no dispute, as the court in Kramer noted, that before 1976”
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.