Toyota Industrial Trucks Inc v. Citizens National Bank of Evans City’s Empirical Analysis
611 F.2d 465 · 1979
Citation profile
20 federal appellate · 1 district · 9 state decisions
How this case has been cited
Cited by 73 later decisions — most recently December 2014 · most notably Brenner v. Local United Brotherhood of Carpenters and Joiners of America (1991), Halderman v. Pennhurst State School & Hospital (1982)
20 federal appellate · 1 district · 9 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 Maurice O'Meara Co. v. National Park Bank · In re Kellett Aircraft Corp. · S. J. Groves & Sons Co. v. Warner Co. · 241 Pa. Super. 92 - Contractor Industries v. Zerr
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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The term “duty to mitigate” damages has been interpreted to mean that “damages which the plaintiff might have avoided with reasonable effort without undue risk, expense, or humiliation are either not caused by the defendant’s wrong or need not have been, and therefore, are not to be charged against him.” 11 Williston on Contracts, § 1353 at 274 (3d ed. 1968). When mitigation is appropriate, the test to be applied to the plaintiff’s conduct is whether the conduct taken in response to the defendant’s breach was reasonable. (Citations omitted). Reasonable conduct “is to be determined from all the facts and circumstances of each case, and must be judged in the light of one viewing the situation at the time the problem was presented.” (Citations omitted).”
1 later decision quote this exact passage · from the majority“[I]f Toyota had reclaimed the trucks, they would have been subject to [the secured creditor’s] perfected Article Nine interest in them: “The seller’s right of reclamation is inferior to a perfected security interest in the goods arising under an after-acquired property clause. Section 2-702[ (c) ] subordinates the seller’s right to reclaim to the rights of a “good faith purchaser” under section 2-403, [ ]_ Consequent- ly, the holder of a perfected security interest prevails over a seller attempting to reclaim goods delivered to an insolvent buyer.””
1 later decision quote this exact passage · from the majority“Modification or revocation of irrevocable credit.-Unless otherwise agreed once an in revocable credit is established as regards the customer it can be modified or revoked only with the consent of the customer and once it is established as regards the beneficiary it can be modified or revoked only with his consent.”
1 later decision 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.