Baxter v. McA, Inc.’s Empirical Analysis
812 F.2d 421 · 1987
Citation profile
59 federal appellate · 10 district ·
How this case has been cited
Cited by 125 later decisions — most recently May 2025 · most notably A&M Records, Inc. v. Napster, Inc. (2001), Brooktree Corporation v. Advanced Micro Devices Inc (1992)
59 federal appellate · 10 district ·
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
Relies on Anderson v. Liberty Lobby, Inc. · Adickes v. S. H. Kress & Co. · First Nat. Bank of Ariz. v. Cities Service Co. · Starnes v. Penrod Drilling Co. · California State Board of Equalization v. Western Marina Corp.
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 125 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Even if a copied portion be relatively small in proportion to the entire work, if qualitatively important, the finder of fact may properly find substantial similarity.”
5 later decisions quote this exact passage · from the majoritye.g. Williams v. Gaye · Williams v. Gaye“Because direct evidence of copying is rarely available, a plaintiff may establish copying by circumstantial evidence of: (1) defendant's access to the copyrighted work prior to the creation of defendant's work, and (2) substantial similarity of both general ideas and expression between the copyrighted work and the defendant's work.”
2 later decisions quote this exact passage · from the majority“Proof of striking similarity is an alternative means of proving 'copying' where proof of access is absent”), cert. denied, 484 U.S. 954 , 108 S.Ct. 346 , 98 L.Ed.2d 372 (1987); see also Herzog v. Castle Rock Entertainment, 193 F.3d 1241, 1249 (11th Cir.1999) (”
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.