82 Misc. 2d 1053 - Wallace v. Weiss’s Empirical Analysis

Citation profile

2 state decisions

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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Where a photograph is not used in connection with an advertisement and does not illustrate an article on a matter of public interest, but appears in a periodical primarily to enhance the sales of the periodical, the use may be considered a commercial one for the purpose of trade. Thus, it cannot be doubted that the subject of a centerfold has a cause of action against a magazine for the unauthorized use of his photograph.”

   1 later decision quote this exact passage
   e.g. 496 F. Supp. 1105 - Lerman v. Chuckleberry Publishing, Inc.

2. “undisputed that the plaintiff has incurred no out of pocket loss, except attorney’s fees for the commencement of this action. The attorney’s fees do not constitute an item of damage in a libel action.”

   1 later decision quote this exact passage
   e.g. 720 F. Supp. 269 - Angio-Medical Corp. v. Eli Lilly & Co.