Shaw’s Empirical Analysis
Citation profile
8 federal appellate · 15 district ·
How this case has been cited
Cited by 105 later decisions — most recently September 2020 · most notably Dr Seuss Enterprises Lp v. Penguin Books Usa Inc (1997), Smith v. Jackson (1996)
8 federal appellate · 15 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. · Celotex Corporation v. Catrett H · National Labor Relations Board v. International Longshoremen's Ass'n · Southland Corp. v. United States · Marino v. Ortiz
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 105 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he test focuses on articulable similarities between the plot, themes, dialogue, mood, setting, pace, characters, and sequence of events in two works.”
4 later decisions quote this exact passage · from the majority“Although summary judgment is not highly favored on questions of substantial similarity in copyright cases, summary judgment is appropriate if the court can conclude, after viewing the evidence and drawing inferences in a manner most favorable to the non-moving party, that no reasonable juror could find substantial similarity of ideas and expression.... Where reasonable minds could differ on the issue of substantial similarity, however, summary judgment is improper.”
2 later decisions quote this exact passage · from the majority“whether there is substantial similarity between the protected expression of ideas in two literary works”
2 later decisions 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.