Neely v. United States’s Empirical Analysis
285 F.2d 438 · 1961
Citation profile
14 federal appellate · 1 district ·
How this case has been cited
Cited by 71 later decisions — most recently September 2017 · most notably Glendale Federal Bank, FSB v. United States (2001), Sun Oil Co. v. United States (1978)
14 federal appellate · 1 district ·
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 & Interstate Commerce Commission v. Abilene & Southern Railway Co. · Chain Belt Co. v. United States · Cuiffo v. United States
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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[P]rofits are uncertain; they depend on so many contingencies, especially in a new enterprise, that it is, in most cases, impossible to say that the breach was the proximate cause of the loss of them, or that a profit would have been realized, in any event; nor is there any basis to determine what they might have amounted to. This is especially true where the breach occurred before operations had begun. j¡í ifc * ‡ jfs ^ Suffice it to say that almost always, in the case of a new venture, the fact that there would have been a profit, had there been no breach, is too shrouded in uncertainty for loss of anticipated profits to form a reliable measure of the damages suffered.”
2 later decisions quote this exact passage“the market value of plaintiffs lease was $22,000, which was the commuted value of what plaintiff sold it for [under the assignment]; but plaintiff might have been able to secure a higher price for it, if the prohibition against strip-mining had not been imposed. We do not think plaintiffs damages are limited to this amount.”
1 later decision quote this exact passage“[l]ost profits are a recognized measure of damages where their loss is the proximate result of the breach and the fact that there would have been a profit is definitely established, and there is some basis on which a reasonable estimate of the amount of the profit can be made.”
1 later decision quote this exact passage
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.