Deal’s Empirical Analysis

Citation profile

9 federal appellate · 4 district · 8 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(5) “electronic, mechanical, or other device” means any device or apparatus which can be used to intercept a wire, oral, or electronic .communication other than— (a) any telephone or telegraph instrument, equipment or facility, or any component thereof, (i) furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business....”

   4 later decisions quote this exact passage · from the majority
   e.g. 5 Mass. L. Rptr. 647 - O'Sullivan v. Nynex Corp. · 616 F. Supp. 2d 1195 - Babb v. Eagleton

2. “(A) the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation; or (B) statutory damages of whichever is the greater of $100 a day for each day of violation or $10,000.””

   2 later decisions quote this exact passage · from the majority
   e.g. 39 F. Supp. 2d 787 - Goodspeed v. Harman · Reynolds v. Spears

3. “‘[t]he calls would not have been heard or otherwise acquired — that is, intercepted —at all but for the recording device'”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. O'BRIEN · Sanders v. Robert Bosch Corp.