Karlin v. Avis’s Empirical Analysis
457 F.2d 57 · 1972
Citation profile
4 federal appellate · 1 state decisions
How this case has been cited
Cited by 12 later decisions — most recently November 2017
4 federal appellate · 1 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
Applies 15 U.S.C. § 77E (§ 5 of the Securities Act of 1933) · 28 U.S.C. § 1441
Relies on In re Whittington · Crabtree v. Elizabeth Arden Sales Corp. · Bradkin v. Leverton · Minichiello v. Royal Business Funds Corp. · Morris Cohon & Co. v. Russell
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Where an offeree fails to reply to an offer, his silence and inaction operate as an acceptance in the following cases only: (a) Where an offeree takes the benefit of offered services with reasonable opportunity to reject them and reason to know that they were offered with the expectation of compensation. (b) Where the offeror has stated or given the offeree reason to understand that assent may be manifested by silence or inaction, and the offeree in remaining silent and inactive intends to accept the offer. (c) Where because of previous dealings or otherwise, it is reasonable that the offeree should notify the offeror if he does not intend to accept.”
1 later decision quote this exact passage · from the majority“[ejvery agreement, promise or undertaking is void, unless it or some note or memorandum thereof be in writing, and subscribed by the party to be charged therewith ... if such agreement, promise or undertaking: ... [i]s a contract to pay compensation for services rendered in ... negotiating the purchase, sale exchange ... of a business opportunity, [or] business, its good will, inventory, fixtures or an interest therein.... “Negotiating” includes procuring an introduction to a party to the transaction or assisting in the negotiation or consummation of the transaction.”
1 later decision quote this exact passage · from the majority“coupled with other circumstances so as to clothe the purchaser with the right to dictate the business policies of the corporation.”
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.