Borschow Hospital & Medical Supplies, Inc. v. Cesar Castillo Inc.’s Empirical Analysis
96 F.3d 10 · 1996
Citation profile
21 federal appellate · 81 district ·
How this case has been cited
Cited by 123 later decisions — most recently July 2024 · most notably Santiago v. Canon U.S.A., Inc. (1998), Dubois v. United States Department of Agriculture (1996)
21 federal appellate · 81 district ·
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 · Jefferson Parish Hospital District No. 2 v. Hyde · Mesnick v. General Electric Co. · Withrow v. Williams
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 123 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the terms of a contract are clear and leave no doubt as to the intentions of the contracting parties, the literal sense of its stipulations shall be observed. If the words should appear contrary to the evident intention of the contracting parties, the intention shall prevail.”
10 later decisions quote this exact passage · from the majority“an agreement is clear when it can be understood in one sense alone, without leaving any room for doubt, controversies or difference of interpretation.”
5 later decisions quote this exact passage · from the majority““To succeed, the moving party must show that there is an absence of evidence to support the nonmoving party’s position.” Rogers v. Fair, 902 F.2d 140, 143 (1st Cir.1990); see also Celotex Corp. v. Catrett, 477 U.S. 317, 325 , 106 S.Ct. 2548, 2553-54 , 91 L.Ed.2d 265 (1986). “Once the moving party has properly supported its motion for summary judgment, the burden shifts to the non-moving party, who ‘may not rest on mere allegations or denials of his pleading, but must set forth specific facts showing there is a genuine issue for trial.’ ” Barbour [v. Dynamics Research Corp.], 63 F.3d [32] at 37 [(1st Cir.1995), cert. denied, 516 U.S. 1113 , 116 S.Ct. 914 , 133 L.Ed.2d 845 (1996) ] (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256 , 106 S.Ct. 2505, 2514 , 91 L.Ed.2d 202 (1986)). “There must be ‘sufficient evidence favor ing the nonmoving party for a jury to return a verdict for that party. If the evidence is merely colorable or is not significantly probative, summary judgment may be granted.”’ Rogers, 902 F.2d at 143 (quoting Anderson, 477 U.S. at 249-50 , 106 S.Ct. at 2511 ) (citations and footnote in Anderson omitted). We “view the facts in the light most favorable to the non-moving party, drawing all reasonable inferences in that party’s favor.” Barbour, 63 F.3d at 36. Borschow Hosp. and Medical Supplies, Inc. v. Cesar Castillo Inc., 96 F.3d 10, 14 (1st Cir.1996). In summary judgment parlance, a dispute is “genuine” if “ ‘the evidence about the fact is such that a ”
4 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.