American Software, Inc. v. Ali’s Empirical Analysis
1996
Citation profile
1 federal appellate · 40 state decisions
How this case has been cited
Cited by 70 later decisions — most recently August 2016 · most notably 51 Cal. App. 4th 1519 - Stirlen v. Supercuts, Inc. (1997), Sonic-Calabasas A, Inc. v. Moreno (2013)
1 federal appellate · 40 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 28 Cal. 3d 807 - Graham v. Scissor-Tail, Inc. · 38 Cal. 3d 913 - Perdue v. Crocker National Bank · A & M PRODUCE CO. v. FMC Corp. · 188 Cal. App. 2d 690 - Neal v. State Farm Insurance Companies · 211 Cal. App. 3d 758 - Dean Witter Reynolds, Inc. v. Superior Court
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[w]ith a concept as nebulous as `unconscionability' it is important that courts not be thrust in the paternalistic role of intervening to change contractual terms that the parties have agreed to merely because the court believes the terms are unreasonable. The terms must shock the conscience.”
2 later decisions quote this exact passage“If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.”
1 later decision quote this exact passage“focuses on factors of oppression and surprise. [Citation.] The oppression component arises from an inequality of bargaining power of the parties to the contract and an absence of real negotiation or a meaningful choice on the part of the weaker party.”
1 later decision quote this exact passage
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.