McAleer v. Smith’s Empirical Analysis
1992
Citation profile
6 district · 2 state decisions
How this case has been cited
Cited by 13 later decisions — most recently September 2010
6 district · 2 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. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act))
Relies on Moragne v. States Marine Lines, Inc. · The Harrisburg · Miles v. Apex Marine Corp. · Sea-Land Services, Inc. v. Gaudet · United States v. District Court
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To establish the apparent authority of an agent to do a certain act, facts must be shown that the principal has manifestly consented to the exercise of such authority or has knowingly permitted the agent to assume the exercise of such authority; that a third person knew of the fact and, acting in good faith, had reason to believe and did actually believe that the agent possessed such authority; and that the third person, relying on such appearance of authority, has changed his position and will be injured or suffer loss if the act done or transaction executed by the agent does not bind the principal.”
1 later decision quote this exact passage · from the majority“Lloyd’s does not conduct any insurance business. Lloyd’s does not underwrite risks, issue policies, receive or collect premiums, or pay claims. Lloyd’s does not procure business for any underwriter or syndicate in the market, does not enter into or negotiate insurance contracts with insurance agents or brokers, and does not engage in commercial undertakings or promotional activities related to insurance. All insurance business conducted in the Lloyd’s market is undertaken by the individual underwriters and their syndicates, not by Lloyd’s.”
1 later decision quote this exact passage · from the majoritye.g. Gray v. Derderian“[DOHSA] does not address every issue of wrongful-death law ... but when it does speak directly to a question, the courts are not free to “supplement” Congress’ answer so thoroughly that the Act becomes mean ingless____ There is a basic difference between filling a gap left by Congress’ silence and rewriting rules that Congress has affirmatively and specifically enacted.”
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.