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← 105 F.3d 530 - Plaintiffs-Appellants v. Gerson

Plaintiffs-Appellants v. Gerson’s Empirical Analysis

Citation profile

60
cited by 60 later decisions
7
states following
September 2018
most recently cited

17 district · 11 state decisions

How this case has been cited

Cited by 60 later decisions — most recently September 2018 · most notably Kona Enterprises Inc Balanced Value Fund Tach One Wayne Rogers, 60 Cal. App. 4th 171 - Jackson v. County of Los Angeles (1997)

17 district · 11 state decisions

350199020002010decided

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 United States v. Alaska · White v. Illinois · Pledger v. Medlock · International Ass'n of Machinists v. Duckworth · 56 Cal. 2d 583 - Lucas v. Hamm

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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Judicial estoppel, sometimes also known as the doctrine of preclusion of inconsistent positions, precludes a party from gaining an advantage by taking one position, and then seeking a second advantage by taking an incompatible position.”
    3 later decisions quote this exact passage · from the majority
  2. “an action in the nature of assumpsit includes `all possible contract claims.' " Leslie v. Estate of Tavares, 994 P.2d 1047, 1051 (Haw. 2000) (quoting Healy-Tibbitts Constr. Co. v. Hawaiian Indep. Refinery, Inc., 673 F.2d 284 , 286 (9th Cir. 1982)). " `Assumpsit is a common law form of action which allows for the recovery of damages for the non-performance of a contract, either express or implied, written or verbal, as well as quasi contractual obligations.' " Id. (quoting Schulz v. Honsador, Inc., 690 P.2d 279, 281 (Haw. 1984)).”
    2 later decisions quote this exact passage · from the majority
  3. “are more closely akin to contract damages than to tort damages because they are economic damages arising out of [plaintiffs'] alleged frustrated expectation that [defendants would perform] as agreed.”
    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.