Augustine Medical, Inc. v. Progressive Dynamics, Inc.’s Empirical Analysis
194 F.3d 1367 · 1999
Citation profile
7 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 26 later decisions — most recently November 2017 · most notably 29 Cal. 4th 215 - Cadence Design Systems v. Avant! Corporation (2002), 189 Cal. App. 4th 562 - Villacres v. Abm Industries Inc. (2010)
7 federal appellate · 1 district · 3 state decisions
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 Ac Aukerman Company v. Rl Chaides Construction Co · Pall Corporation v. Micron Separations Inc · WesBanco Bank Barnesville v. Customer Creditors · Donnay v. Boulware · Met-Coil Systems Corporation v. Korners Unlimited, Inc. And Ductmate Industries, Inc.
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`bars claims based upon events occurring prior to the date of the release'”
2 later decisions quote this exact passage · from the majority“Our interpretation of the language of the Settlement Agreement is consistent with judicial interpretation of general releases in settlement agreements. Both parties agree that their settlement provided a general release containing very broad language, such as `release and forever discharge,' `any and all manner of action or actions,' `relating to any acts, omissions or statements made by [the defendant],' and `including, but not limited to, any and all claims that were or could have been asserted by [ the plaintiff ] in the [present lawsuit].' General language such as these phrases have consistently been held by the courts to constitute a waiver of . . . all `claims based upon events occurring prior to the date of the release.'”
1 later decision quote this exact passage · from the majority“Augustine had clear knowledge at the time of the Settlement Agreement that Progressive was producing and marketing the convective warming blankets at issue in the first suit ... and it was likely obvious that the production and marketing would not cease the instant the ... Agreement was signed. Therefore, it was Augustine’s responsibility to “ma[k]e manifest” its intent to leave the issue of possible future patent infringement claims open for future resolution.”
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.