McCarthy v. Tobin’s Empirical Analysis
1999
Citation profile
3 federal appellate · 9 district · 79 state decisions
How this case has been cited
Cited by 93 later decisions — most recently August 2022 · most notably Situation Management Systems, Inc. v. Malouf, Inc. (2000), Basis Technology Corp. v. Amazon.com, Inc. (2008)
3 federal appellate · 9 district · 79 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 Schwanbeck v. Federal-Mogul Corp. · Rosenfield v. United States Trust Co. · Lafayette Place Associates v. Boston Redevelopment Authority · Linda Coal & Supply Co. v. Tasa Coal Co. · 25 Mass. App. Ct. 137 - Goren v. Royal Investments Inc.
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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The controlling fact is the intention of the parties. See Schwanbeck v. Federal-Mogul Corp., 412 Mass. 703, 706 (1992), quoting Kuzmeskus v. Pickup Motor Co., 330 Mass. 490, 493 (1953) (“It is a settled principle of contract law that ‘[a] promise made with an understood intention that it is not to be legally binding, but only expressive of a present intention, is not a contract,’ ” Levenson v. L.M.I. Realty Corp., 31 Mass.App.Ct. 127, 130 (1991)).”
2 later decisions quote this exact passage“Existence of Contract Where Written Memorial is Contemplated Manifestations of assent that are in themselves sufficient to conclude a contract will not be prevented from so operating by the fact that the parties also manifest an intention to prepare and adopt a written memorial thereof; but the circumstances may show that the agreements are preliminary negotiations.”
2 later decisions quote this exact passage“If . . . the parties have agreed upon all material terms, it may be inferred that the purpose of a final document which the parties agree to execute is to serve as a polished memorandum of an already binding contract”
2 later decisions quote this exact passagee.g. Frishman v. Maginn · Duff v. McKay
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.