Maher v. United States’s Empirical Analysis

Citation profile

10 federal appellate · 2 district ·

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

1. “An implied-in-fact contract is “founded upon a meeting of minds, which, although not embodied in an express contract, is inferred, as a fact, from conduct of the parties showing, in the light of the surrounding circumstances, their tacit understanding.” Hercules, Inc. v. United States, 516 U.S. 417, 424 [, 116 S.Ct. 981 , 134 L.Ed.2d 47 ] (1996) (quoting Balt. & Ohio R.R. v. United States, 261 U.S. 592, 597 [, 58 Ct.Cl. 709 , 43 S.Ct. 425 , 67 L.Ed. 816 ] (1923)). While an implied-in-fact con tract may be inferred from the parties’ conduct, the required elements for contract formation — “a mutual intent to contract including an offer, an acceptance, and consideration” — are the same for express and implied-in-fact contracts. Trauma Serv. Group v. United States, 104 F.3d 1321, 1325 (Fed.Cir.1997).”

   1 later decision quote this exact passage · from the majority
   e.g. 56 Fed. Cl. 668 - Fifth Third Bank v. United States

2. “[t]he Amended Complaint in this case does not establish a cause of action against the government for . . . payment of the proceeds of the deferred compensation trusts.”

   1 later decision quote this exact passage · from the majority
   e.g. Maher v. Federal Deposit Insurance