Malone v. United States’s Empirical Analysis
849 F.2d 1441 · 1988
Citation profile
9 federal appellate · 2 state decisions
How this case has been cited
Cited by 141 later decisions — most recently April 2023 · most notably Centex Corporation Ctx v. United States (2005), Sanchez and Son Incorporated v. United States (1993)
9 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. § 1491 · 41 U.S.C. § 605 · 41 U.S.C. § 607
Relies on Lisbon Contractors, Inc. v. United States · Dewey Electronics Corp. v. United States · 151 F. Supp. 726 - Peter Kiewit Sons' Co. v. United States · Peter Kiewit Sons' Co. v. United States
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 141 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he BCAs have historically accepted appeals from a CO’s decision terminating a contract for default before either the government or the contractor submitted a monetary claim related to the termination. If the government later demanded damages related to the termination, the BCAs treated this as a separate claim. There is nothing in the CDA or its legislative history to suggest that Congress intended to restrict this practice.”
2 later decisions quote this exact passage · from the majority“In determining whether a failure to render or to offer performance is material, the following circumstances are significant: (a) the extent to which the injured party will be deprived of the benefit which he reasonably expected; (b) the extent to which the injured party can be adequately compensated for the part of that benefit of which he will be deprived; (c) the extent to which the party failing to perform or to offer to 'perform will suffer forfeiture; (d) the likelihood that the party failing to perform or to offer to perform will cure his failure, taking account of all the circumstances including any reasonable assurances; (e) the extent to which the behavior of the party failing to perform or to offer to perform comports with standards of good faith and fair dealing.”
1 later decision quote this exact passage · from the majority“Subterfuges and evasions violate the obligation of good faith in performance even though the actor believes his conduct to be justified. But the obligation goes further: bad faith may be overt or may consist of inaction, and fair dealing may require more than honesty. A complete catalogue of types of bad faith is impossible, but the following types are among those which have been recognized in judicial decisions: evasion of the spirit of the bargain, lack of diligence and slacking off, willful rendering of imperfect performance, abuse of a power to specify terms, and interference with or failure to cooperate in the other party’s performance.”
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.