Braun v. CMGI, Inc.’s Empirical Analysis

Citation profile

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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) whether a party has made an “explicit statement that it reserves the right to be bound only when a written agreement is signed,” (2) “whether one party has partially performed,” (3) “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,” and (4) “whether the agreement concerns those complex and substantial business matters where requirements that contracts be in writing are the norm rather than the exception.””

   1 later decision quote this exact passage
   e.g. Trademark Properties Inc. v. a & E Television Networks

2. “a sophisticated party such as [plaintiff-employee] could not reasonably have believed that an options package, which both parties hoped would become very valuable, would be fixed and made enforceable in a conversation.”

   1 later decision quote this exact passage
   e.g. Cestari v. Bancorp, Inc.