Forge v. Smith’s Empirical Analysis

Citation profile

11 federal appellate · 2 district · 7 state decisions

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

1. “Where one writing references another instrument for additional contract terms, the two writings should be read together,”

   2 later decisions quote this exact passage · from the majority
   e.g. Lossia v. Flagstar Bancorp, Inc. · Arciniaga v. General Motors Corp.

2. “Although neither physical attachment nor specific language is necessary to incorporate a document by reference, the incorporating instrument must clearly evidence an intent that the writing be made part of the contract. When the question of whether another paper or term has been incorporated by reference depends on the “exercise of speculation, surmise and conjecture” the court will refuse to rewrite the contract.”

   1 later decision quote this exact passage · from the majority
   e.g. Dakota Foundry, Inc. v. Tromley Industrial Holdings, Inc.

3. “A claim for innocent misrepresentation is shown where a party detrimentally relies on a false representation in such a manner that the injury inures to the benefit of the party making the misrepresentation. While it is unnecessary to prove that the person making the representation had knowledge that the statements were false, it is necessary to show privity of contract.”

   1 later decision quote this exact passage · from the majority
   e.g. 205 F. Supp. 2d 746 - Eagle Trim, Inc. v. Eagle-Picher Industries, Inc.