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← 441 F. Supp. 2d 491 - Kwan v. Schlein

441 F. Supp. 2d 491 - Kwan v. Schlein’s Empirical Analysis

2006

Citation profile

10
cited by 10 later decisions
2
states following
March 2024
most recently cited

1 district · 3 state decisions

How this case has been cited

Cited by 10 later decisions — most recently March 2024

1 district · 3 state decisions

60200620102020decided

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

Applies 17 U.S.C. § 506 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 507 (§ 101 of the Copyright Act of 1976) · 42 U.S.C. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 2000E (§ 706 of the Title VII of the Civil Rights Act of 1964)

Relies on Conley v. Gibson · Klaxon Co. v. Stentor Electric Manufacturing Co. · Swierkiewicz v. Sorema N. A. · Cities of Charlottesville v. Official Committee of Unsecured Creditors of Columbia Gas Transmission Corp. · General Building Contractors Assn., Inc. v. Pennsylvania

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

  1. “4 Corbin on Contracts, Ch. 53 § 956 (1951); see also Won's Cards, Inc. v. Samsondale/Haverstraw Equities, Ltd., 165 A.D.2d 157, 163 , 566 N.Y.S.2d 412 (N.Y. App. Div. 1991) (recognizing continuing breach concept). If the breaches are partial and ongoing, each one re-commences the statute of limitations such that damages can be awarded beginning”
    2 later decisions quote this exact passage · from the majority
  2. “capable of a series of 'partial' breaches, as well as a single total breach by repudiation or by such a material failure of performance when due as to go 'to the essence' and frustrate substantially the purpose for which the contract was agreed to by the injured party.”
    1 later decision quote this exact passage · from the majority
  3. “i.e. a breach that while beginning in 1999 continues to accrue through the present day. Where a contract calls for continuous performance, it is”
    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.