Scheck v. Burger King Corp.’s Empirical Analysis
1992
Citation profile
6 federal appellate · 1 district · 6 state decisions
How this case has been cited
Cited by 23 later decisions — most recently September 2015
6 federal appellate · 1 district · 6 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 Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Clark v. Coats & Clark, Inc. · Arkansas Public Service Commission v. Southwestern Bell Telephone 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] contract includes not only its written provisions, but also the terms and matters which, though not actually expressed, are implied by law, and these are as binding as the terms which are actually written or spoken.... One such implied term of a contract, recognized by Florida law, is the implied covenant of good faith and fair dealing....”
3 later decisions quote this exact passage · from the majority“[Although we recognize that an implied covenant of good faith and fair dealing inheres in medical malpractice insurance contracts, as it does in contracts in general, we hold that there are no material issues of fact concerning the plaintiffs’ claim that the defendant insurer breached such a covenant. This is so because: (a) with respect to Dr. Coira, his original policy expired and the insurer had neither a duty to renew the policy, nor an obligation to issue a new one, and (b) with respect to Dr. Davidson, any bad faith motives for cancelling his policy are immaterial where it is not alleged that these motives conflict with the public policy of the state and where the contract of insurance provides that either party may cancel it upon furnishing proper notice.”
2 later decisions quote this exact passage · from the majority“imply a wholly different right to Burger King-the right to open other proximate franchises at will regardless of their effect on the Plaintiff's operations.”
2 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.