In re Boston Shipyard Corp.’s Empirical Analysis

Citation profile

19 federal appellate · 7 district · 8 state decisions

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

1. “acting upon it, performing under it, or affirmatively acknowledging it.”

   4 later decisions quote this exact passage · from the majority
   e.g. South Bay Boston Management, Inc. v. Unite Here, Local 26 · 445 F. Supp. 2d 314 - Wright v. Eastman Kodak Co.

2. “'[a] contract or release, the execution of which is induced by duress, is voidable, not void, and the person claiming duress must act promptly to repudiate the contract or release or he will be deemed to have waived his right to do so.'”

   3 later decisions quote this exact passage · from the majority
   e.g. Deren v. Digital Equipment Corp. · O'Shea v. Commercial Credit Corp.

3. “Financial incapacity, however, is generally not considered beyond the contractor’s control, [cite omitted] This rule is understandable, as a contractor who makes and then accepts a bid should have the financial ability to perform. But, as with most rules, there are always exceptions. Thus, if the financial problems are caused by factors beyond the contractor’s control, or by the government’s actions themselves, then the contractor’s default may be justified.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Sanner Contracting Co.