Powell v. Omnicom’s Empirical Analysis

Citation profile

2 federal appellate · 4 district · 2 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) whether there has been an express reservation of the right not to be bound in the absence of a signed writing; (2) whether there has been partial performance of the contract; (3) whether all of the terms of the alleged contract have been agreed upon; and (4) whether the agreement at issue is the type of contract that is usually committed to writing.”

   3 later decisions quote this exact passage · from the majority
   e.g. Wiggins v. Hain Pure Protein Corp. · 775 F. Supp. 2d 630 - Langreich v. Gruenbaum

2. “Parties may enter into a binding contract orally, and the intention to commit an agreement to writing, standing alone, will not prevent contract formation. Winston v. Mediafare Entm’t Corp., 777 F.2d 78, 80 (2d Cir.1985) (applying New York law). Consequently, a “voluntary, clear, explicit, and unqualified stipulation of dismissal entered into by the parties in court and on the record is enforceable even if the agreement is never reduced to writing, signed, or filed.” Role v. Eureka Lodge No. 434, I.A. of M & A.W. AFL-CIO, 402 F.3d 314, 318 (2d Cir.2005) (per curiam). The settlement remains binding even if a party has a change of heart between the time he agreed to the settlement and the time those terms aré reduced to writing. Millgard Corp. v. White Oak Corp., 224 F.Supp.2d 425, 432 (D.Conn. 2002).”

   1 later decision quote this exact passage · from the concurrence
   e.g. 661 F. Supp. 2d 186 - Vacco v. HARRAH'S OPERATING COMPANY, INC.

3. “We have held that even “minor” or “technical” changes arising from negotiations over the written language of an agreement can weigh against a conclusion that the parties intended to be bound absent a formal writing. See Winston, 777 F.2d at 82-83 . Such changes are relevant, however, only if they show that there were points remaining to be negotiated such that the parties would not wish to be bound until they synthesized a writing “satisfactory to both sides in every respect.” See id.; see also R.G. Group, Inc. v. Horn & Hardart Co., 751 F.2d 69, 76 (2d Cir.1984) (“A ... factor is whether there was literally nothing left to negotiate or settle, so that all that remained to be done was to sign what had already been fully agreed to.”).”

   1 later decision quote this exact passage · from the majority
   e.g. 661 F. Supp. 2d 186 - Vacco v. HARRAH'S OPERATING COMPANY, INC.