Kazmaier v. Wooten’s Empirical Analysis
761 F.2d 46 · 1985
Citation profile
14 federal appellate · 21 district · 6 state decisions
How this case has been cited
Cited by 50 later decisions — most recently January 2019 · most notably Boston Athletic Association v. Sullivan (1989), Brunswick Corp. v. Spinit Reel Co. (1987)
14 federal appellate · 21 district · 6 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
Applies 15 U.S.C. § 45 (§ 5 of the Federal Trade Commission Act of 1914)
Relies on Federal Energy Administration v. Algonquin SNG, Inc. · Robert C. Hahn v. Francis W. Sargent · In re Disbarment of Allison · PMP Associates, Inc. v. Globe Newspaper Co. · Pignons Mecanique Precision v. Polaroid Corporation
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'While infringement and unfair competition cases often present factual issues that render summary judgment inappropriate, this is not invariably so.'”
3 later decisions quote this exact passage“(1) intentional and wilful acts (2) calculated to cause damage to the plaintiffs in their lawful business, (3) done with the unlawful purpose to cause such damage and loss, without right or justifiable cause on the part of the defendant, (which constitutes malice), and (4) actual damage and loss resulting.”
2 later decisions quote this exact passage“(1) whether the practice ... is within at least a penumbra or some common-law, statutory, or other established concept of fairness; (2) whether it is immoral, unethical, oppressive, or unscrupulous; (3) whether it causes substantial injury to consumers (or competitors or other businessmen).”
2 later decisions quote this exact passage
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.