Brobeck, Phleger & Harrison v. Telex Corp.’s Empirical Analysis
602 F.2d 866 · 1979
Citation profile
38 federal appellate · 6 district · 4 state decisions
How this case has been cited
Cited by 93 later decisions — most recently July 2024 · most notably Jones-Hamilton Co. v. Beazer Materials & Services, Inc. (1992), Continental Casualty Co. v. City of Richmond (1985)
38 federal appellate · 6 district · 4 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 69 Cal. 2d 33 - Pacific Gas & Electric Co. v. G. W. Thomas Drayage & Rigging Co. · 6 Cal. 3d 784 - Fracasse v. Brent · 4 Cal. 2d 128 - Brant v. California Dairies, Inc. · Telex Corp. v. International Business Machines Corp.
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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“tend[s] to prove a meaning of which the language [of the contract] is not reasonably susceptible.”
7 later decisions quote this exact passage · from the majority““Whether a contract is fair or works an unconscionable hardship is determined with reference to the time when the contract was made and cannot be resolved by hindsight.””
3 later decisions quote this exact passage · from the majority“[T]he trial judge must receive relevant extrinsic evidence that can prove a meaning to which the language of the contract is 'reasonably susceptible.'”
3 later decisions 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.