Topic: although defendants bear the burden of proving that their u… · Go Syfert
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Topic #22530

6 canonical passages across 5 cases, quoted by 18 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Nxivm Corporation v. The Ross Institute.

#Case FlagCanonical passage Citers
1 Nxivm Corporation v. The Ross Institute Anchor
ca1 · 2004
green “although defendants bear the burden of proving that their use was fair, they need not establish that each of the factors set forth in 107 weighs in their favor.” 4
2 Ramsey v. Coughlin
ca2 · 1996
green “must assure itself that following the procedures set out in rule 56(a)-(e) would not alter the outcome.” 3
3 Faith Ringgold v. Black Entertainment Television, Inc., Home Box Office, Inc.
ca2 · 1997
green “this court has on a number of occasions resolved fair use determinations at the summary judgment stage where there are no genuine issues of material fact.” 3
4 Swatch Group Management Services Ltd. v. Bloomberg L.P.
nysd · 2012
green “is better served by the dissemination of that information in its entirety, including the incidents of oral speech that do not translate onto the page but color the purely factual content.” 3
5 Swatch Group Management Services Ltd. v. Bloomberg L.P.
nysd · 2012
green “since bloomberg's use qualifies as fair use, bloomberg has not infringed, and swatch's second amended complaint should be dismissed.” 3
6 Allstate Insurance Co. v. A.A. McNamara & Sons, Inc., and Arthur McNamara
ca2 · 1993
green “is entitled to urge that we affirm the district court's decision on any basis submitted to that court and supported by the record,” 2

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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