Scholz v. Goudreau’s Empirical Analysis
901 F.3d 37 · 2018
Citation profile
1 federal appellate · 3 district ·
Relationships
Applies 15 U.S.C. § 1114 (§ 32 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1117 (§ 35 of the Trademark Act of 1946 (Lanham Act)) · 35 U.S.C. § 285
Relies on Anderson v. Liberty Lobby, Inc. · Fogerty Fantasy Inc · Sony Corporation of America v. Universal City Studios Inc · Rodriguez v. Doral Mortgage Corp. · Linkage Corp. v. Trustees of Boston University
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[w]hen an issue not raised by the pleadings is tried by the parties' express or implied consent, it must be treated in all respects as if raised in the pleadings.”
1 later decision quote this exact passage · from the majority“[c]onsent to the trial of an issue may be implied if, during the trial, a party acquiesces in the introduction of evidence which is relevant only to that issue.”
1 later decision quote this exact passage · from the majority“the existence of a valid and binding contract, that the defendant breached the contract's terms, and the plaintiff suffered damages as a result of the breach.”
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.