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← 633 F.2d 139 - Filner v. Shapiro

Filner v. Shapiro’s Empirical Analysis

633 F.2d 139 · 1980

Citation profile

73
cited by 73 later decisions
May 2017
most recently cited

23 federal appellate · 1 district ·

How this case has been cited

Cited by 73 later decisions — most recently May 2017 · most notably Rexnord Holdings, Inc. v. Bidermann (1994), United States v. Rexach (1990)

23 federal appellate · 1 district ·

3301980199020002010decided

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 Hope v. Commissioner · Kirke La Shelle Co. v. Paul Armstrong Co. · Jacob & Youngs, Inc. v. Kent · N. C. Freed Company, Inc., and International Roofing Corp. v. Board of Governors of the Federal Reserve System and Federal Trade Commission · Gerseta Corporation v. Equitable Trust Co.

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.

  1. ““[cjonsideration” simply means that the agreement has imposed a mutuality of obligation upon the parties. A promise between two parties may constitute sufficient consideration. However, a promise must be binding to support another promise as consideration. Under the circumstances here, there must be corresponding duties: Schoeller to sell and Paper Corporation to buy. Promises will not support each other as consideration unless they impose a legal obligation on both parties. The mutual obligations, or promises, of the parties do not necessarily have to be expressly set forth in an agreement, but may be implied by the duty of good faith that is implied in any agreement. The boundaries of the duty of good faith are defined by the parties’ intentions and reasonable expectations in entering into the agreement and preclude each party from engaging in conduct that will deprive the other of the benefits of their agreement.”
    2 later decisions quote this exact passage · from the majority
  2. “In every contract there is an implied covenant of good faith and fair dealing ...’’). 3 .Indeed, the prosecutor has provided a sufficient basis for this Court to conclude that Mr. Rexach has not rendered”
    2 later decisions quote this exact passage · from the majority
  3. “[t]he existence of the principal's duty to pay gives a surety the equitable right to call upon the principal to exonerate him from liability by discharging the debt when it becomes due”
    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.