Shay v. Aldrich’s Empirical Analysis

Citation profile

2 federal appellate · 4 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A latent ambiguity exists when the language in a contract appears to be clear and intelligible and 'suggests a single meaning, but other facts create the “necessity for interpretation or a choice among two or more possible meanings.” To verify the existence of a latent ambiguity, a court must examine the extrinsic evidence presented and determine if in fact that evidence supports an argument that the contract language at issue, under the circumstances of its forma tion, is susceptible to more than one interpretation. Then, if a latent ambiguity is found to exist, a court must examine the extrinsic evidence again to ascertain the meaning of the contract language at issue.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Larson v. Burton Constr., Inc. · 57 F. Supp. 3d 823 - Stryker Corp. v. XL Insurance

2. “'An omission or mistake is not an ambiguity. Parol evidence under the guise of a claimed latent ambiguity is not permissible to vary, add to, or contradict the plainly expressed terms of this writing, or to substitute a different contract for it, to show an intention or purpose not therein expressed.”

   1 later decision quote this exact passage · from the majority
   e.g. Simon v. Short (In re Oakland Physicians Med. Ctr., L.L.C.)

3. “the language in a contract appears to be clear and intelligible and suggests a single meaning, but other facts create the 'necessity for interpretation or a choice among two or more possible meanings.'”

   1 later decision quote this exact passage · from the concurrence
   e.g. Simon v. Short (In re Oakland Physicians Med. Ctr., L.L.C.)