Ela v. Destefano’s Empirical Analysis
869 F.3d 1198 · 2017
Citation profile
3 federal appellate ·
Relationships
Applies 18 U.S.C. § 248 (Freedom of Access to Clinic Entrances Act of 1994) · 18 U.S.C. § 2723 (§ 300002 of the Violent Crime Control and Law Enforcement Act of 1994) · 18 U.S.C. § 2724 (§ 300002 of the Violent Crime Control and Law Enforcement Act of 1994) · 39 U.S.C. § 3017 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988 · 47 U.S.C. § 605
Relies on Bonner v. City of Prichard · Duncan v. Walker · Farrar v. Hobby · Johnson v. Georgia Highway Express, Inc. · George Duncan Superintendent Great Meadow Correctional Facility v. Sherman Walker
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.
“It is well settled that where Congress includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion.”
2 later decisions quote this exact passage · from the majority“(a) Cause of action.-A person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a civil action in a United States district court. (b) Remedies.-The court may award- (1) actual damages, but not less than liquidated damages in the amount of $2,500; (2) punitive damages upon proof of willful or reckless disregard of the law; (3) reasonable attorneys' fees and other litigation costs reasonably incurred; and (4) such other preliminary and equitable relief as the court determines to be appropriate.”
1 later decision quote this exact passage · from the majoritye.g. Truesdell v. Thomas“set[s] a floor of $2,500 in liquidated damages, and any award the district court grants above that amount is reviewed for abuse of discretion.”
1 later decision quote this exact passage · from the majoritye.g. Truesdell v. Thomas
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.