Petereit’s Empirical Analysis

Citation profile

8 district · 15 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[p]rice is perhaps the most fundamental aspect of a marketing plan. Where the prices of products are controlled by the manufacturer, and not the distributor, such control effectively deprives distributors of independent judgment in conducting their business.”

   3 later decisions quote this exact passage · from the majority
   e.g. Hartford Electric Sup. v. Allen-Bradley Co., No. Cv 96562061s (May 28, 1997) · Edmands v. Cuno, Inc., No. Cv 01-0447171s (Jun. 22, 2001)

2. “... it appears that something greater than a de minimis loss of revenue — and less than the stark scenario of driving a franchisee out of business — must be shown in order to justify a finding of constructive termination. We think such may be found when a franchisor’s actions result in a substantial decline in franchisee net income. Such analysis will be strictly financial, except in close cases, where nonfinancial factors may have some bearing. Whether a decline in net income is substantial will necessarily depend on the particular facts and must be determined on a case-by-case basis.”

   2 later decisions quote this exact passage · from the majority
   e.g. 408 N.J. Super. 461 - MAINTAINCO v. Mitsubishi · 471 F. Supp. 2d 951 - Capital Equipment, Inc. v. Cnh America, LLC

3. “a franchisor's legitimate business reasons”

   2 later decisions quote this exact passage · from the majority
   e.g. 408 N.J. Super. 461 - MAINTAINCO v. Mitsubishi · Hartford Electric Sup. v. Allen-Bradley Co., No. Cv 96562061s (May 28, 1997)