Public-domain · open source
OpenJurist
← 384 F.2d 192 - American Motors Sales Corp. v. Semke

American Motors Sales Corp. v. Semke’s Empirical Analysis

384 F.2d 192 · 1967

Citation profile

45
cited by 45 later decisions
2
states following
October 2016
most recently cited

27 federal appellate · 2 district · 2 state decisions

How this case has been cited

Cited by 45 later decisions — most recently October 2016 · most notably Sherman v. British Leyland Motors, Ltd. (1979), Edward C. Rea and 22 Ford Inc., a Corporation v. Ford Motor Company, a Corporation (1974)

27 federal appellate · 2 district · 2 state decisions

300196719701980199020002010decided

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 Gas Improvement Co. v. Continental Oil Co. · Williams v. Zuckert, Secretary of the Air Force, Et Al. · Crane v. United States · Fair v. Meredith · Woodard v. General Motors Corp.

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

  1. “[t]he existence of coercion or intimidation depends upon the circumstances arising in each particular case and may be inferred from a course of conduct. For example, manufacturer pressure, direct or indirect, upon a dealer to accept automobiles, parts, accessories, or supplies which the dealer does not need, want, or feel the market is able to absorb, may in appropriate circumstances constitute coercion or intimidation.”
    2 later decisions quote this exact passage · from the majority
  2. “An automobile dealer may bring suit against any automobile manufacturer engaged in commerce, in any district court of the United States in the district in which said manufacturer resides, or is found, or has an agent, without respect to the amount in controversy, and shall recover the damages by him sustained and the cost of suit by reason of the failure of said automobile manufacturer from and after August 8, 1956 to act in good faith in performing or complying with any of the terms or provisions of the franchise, or in terminating, canceling, or not renewing the franchise with said dealer: Provided, That in any such suit the manufacturer shall not be barred from asserting in defense of any such action the failure of the dealer to act in good faith.”
    1 later decision quote this exact passage · from the majority
  3. “* * * the duty of each party to any franchise, and all officers, employees, or agents thereof to act in a fair and equitable manner toward each other so as to guarantee the one party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party: Provided, That recommendation, endorsement, exposition, persuasion, urging or argument shall not be deemed to constitute a lack of good faith.”
    1 later decision quote this exact passage · from the majority

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.