Ashley Creek Phosphate Co. v. Chevron USA, Inc.’s Empirical Analysis

Citation profile

21 federal appellate · 4 district · 1 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An antitrust injury is defined as an injury of the type the antitrust laws were intended to prevent and that flows from that which makes defendants’ acts unlawful-Factors to consider in evaluating antitrust standing include: (1) the causal connection between the alleged antitrust violation and the harm; (2) improper motive or intent of defendants; (3) whether the claimed injury is one sought to be redressed by antitrust damages; (4) the directness between the injury and the market restraint resulting from the alleged violation; (5) the speculative nature of the damages claimed; and (6) the risk of duplicative recoveries or complex damage apportionment.”

   2 later decisions quote this exact passage · from the majority
   e.g. Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc. · Tal

2. “Because the district court’s ultimate dismissal of those claims without prejudice is all the relief to which Ashley Creek is entitled, its appeal of the district court’s treatment of those claims does not present a live case or controversy to this court. Chevron’s and SF’s claims regarding proceedings in state and federal administrative tribunals and Utah state court regarding the validity of the right-of-way over which the pipeline travels, however, are ripe no matter how viewed because all of the proceedings referred to have been terminated in Chevron’s and SF’s favor. Accordingly, this court has jurisdiction to review the district court’s refusal to dismiss those claims with prejudice.”

   1 later decision quote this exact passage · from the majority
   e.g. 803 F. Supp. 2d 1287 - Walker v. THI of New Mexico at Hobbs Center

3. “[a]ny person . . . injured in his business or property by reason of anything forbidden in the antitrust laws may sue. . . and shall recover threefold the damages. . . sustained, and . . . a reasonable attorney's fee.”

   1 later decision quote this exact passage · from the majority
   e.g. Tal