Nyquist v. Randall’s Empirical Analysis
819 F.2d 1014 · 1987
Citation profile
3 federal appellate · 2 state decisions
How this case has been cited
Cited by 17 later decisions — most recently September 2017
3 federal appellate · 2 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
Applies 28 U.S.C. § 1441
Relies on Harris v. California · TCP Industries, Inc. v. Uniroyal, Inc. · Chatlos Systems, Inc. v. National Cash Register Corp. · International Petroleum Services, Inc. v. S & N Well Service, Inc. · 14 Cal. App. 3d 209 - Gerwin v. Southeastern California Ass'n of Seventh Day Adventists
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) ‘consequential damages' are those damages ‘resulting from general or particular needs' of the purchaser, (2) such damages are not recoverable .unless ‘the seller at. the time of contracting had reason >to know' of the possibility-that they would-occur, and (3).such damages are not recoverable unless they ‘could not reasonably be prevented by cover or otherwise.'”
2 later decisions quote this exact passage“[a]ny loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise.”
1 later decision quote this exact passage“[L]ost profits may indeed be the quintessential example of consequential damages.”
1 later decision quote this exact passage
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.