Boggs v. Duncan’s Empirical Analysis

Citation profile

9 federal appellate · 2 district · 28 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is well settled that damages are recoverable for loss of profits prevented by a breach of contract ‘only to the extent that the evidence affords a sufficient basis for estimating their amount in money with reasonable certainty.’ . . . Moreover, profits which are remote, speculative, contingent or uncertain are not recoverable.””

   2 later decisions quote this exact passage · from the majority
   e.g. Paws With a Cause, Inc. v. Donna J. Crumpler, and Robo Dogs, Inc. William R. Jackson Virginia Canines for Independence William I. Sydnor · 369 F. Supp. 484 - John W. Johnson, Inc. v. J. A. Jones Construction Co.

2. “A plaintiff cannot prevail in an action for nonperformance of a contract, for which nonperformance he alone is responsible. If the impossibility of performance arises directly or even indirectly from the acts of the promisee, it is sufficient excuse for nonperformance. This is upon the principle that he who prevents a thing may not avail himself of the nonperformance which he has occasioned. (Citations omitted).”

   1 later decision quote this exact passage · from the majority
   e.g. Kang v. Roof

3. “It is well settled that in the absence of statute, whenever an injury results from the ... issuance of judicial process in a civil action, the person procuring its issuance incurs no legal responsibility provided he acts in good faith and in honest conviction that the remedy is necessary to the enforcement of a legal right.”

   1 later decision quote this exact passage · from the majority
   e.g. Capozio v. Baumann