Moore v. Moore’s Empirical Analysis
2004
Citation profile
2 federal appellate · 37 state decisions
How this case has been cited
Cited by 40 later decisions — most recently November 2021 · most notably Wright v. Craft (2006), Cowburn v. Leventis (2005)
2 federal appellate · 37 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 Futch v. McAllister Towing of Georgetown, Inc. · Welch v. Epstein · Regions Bank v. Schmauch · SSI Medical Services, Inc. v. Cox · Keaton Ex Rel. Foster v. GREENVILLE HOSP.
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A fiduciary relationship is founded on the trust and confidence reposed by one person in the integrity and fidelity of another.”
2 later decisions quote this exact passage“The crucial requirement in lost profits determinations is that they be “established with reasonable certainty, for recovery cannot be had for profits that are conjectural or speculative.” South Carolina Finance Corp., supra, at 122, 113 S.E.2d at 336 . “The proof must pass the realm of conjecture, speculation, or opinion not founded on facts, and must consist of actual facts from which a reasonably accurate conclusion regarding the cause and the amount of the loss can be logically and rationally drawn.” 22 Am.Jur.2d Damages § 641 (1988). Numerous proof techniques have been discussed and accepted in different factual scenarios. See, e.g., Upjohn v. Rachelle Laboratories, Inc., 661 F.2d 1105, 1114 (6th Cir. 1981) (proof of future lost profits based on marketing forecasts by employees specializing in economic forecasting); Petty v. Weyerhaeuser Co., supra (skating rink’s projected revenues compared to those of another arena in a nearby town); see also Restatement (Second) of Contracts § 352, at 146 (1981) (proof of lost profits “may be established with reasonable certainty with the aid of expert testimony, economic and financial data, market surveys and analyses, business records of similar enterprises, and the like.”); Note, supra, 48 Ohio St. L.J. at 872-3 (means of proving prospective profits include (1) “yardstick” method of comparison with profit performance of business similar in size, nature, and location; (2) comparison with profit history of plaintiffs successor, where ”
1 later decision quote this exact passage“To establish the existence of a fiduciary relationship, the facts and circumstances must indicate the party reposing trust in another has some foundation for believing the one so entrusted will not act in [its] own behalf but in the interest of the party so reposing.”
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.