Yusem v. Butler’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “That lack of due diligence included putting various protective provisions in the [Limited Partnership Agreement], but failing to follow up on them. Butler’s lack of experience in development is outweighed by the fact that he is a sophisticated businessman and an experienced lawyer, who was represented by New York counsel. Furthermore, Butler sought legal advice and financial advice at various times including, but not limited to, when he was going to embark on this new investment venture. Before signing any Wyncreek documents, Butler had a conversation with an officer of the First American Bank. The purpose of the conversation was to verify the “excellent” reputation of the defendants in construction and commercial development. However, Butler did not ask the right questions and there fore did not obtain information that was available to him from the Bank.”

   1 later decision quote this exact passage · from the majority
   e.g. 44 So. 3d 102 - Butler v. Yusem

2. “[T]he Fourth District erred by recharac-terizing the trial court’s ruling as a lack of justifiable reliance. We remand for the Fourth District to address whether it may apply justifiable reliance under the tipsy coachman doctrine to affirm the trial court. On remand, if the Fourth District concludes that it may rely on the tipsy coachman doctrine, the Fourth District must address Butler’s claims individually to determine whether justifiable reliance applies to each claim. In its decision under review, the Fourth District lumped Butler’s claims for fraudulent inducement, negligent misrepresentation, breach of contract, and breach of fiduciary duty together and then applied the justifiable reliance requirement to all his claims.”

   1 later decision quote this exact passage · from the majority
   e.g. 44 So. 3d 102 - Butler v. Yusem

3. “In addition to his other obligations under the Guaranty, Guarantor also hereby agrees to indemnify, defend, protect and hold [Butler] harmless from and against (a) any and all liability, loss, claims of third parties, costs, damage and expense (including reasonable attorneys' fees) that [Butler] may incur or sustain as a result of or in connection with the actions of HY/Inc. as General Partner under the Limited Partnership Agreement or otherwise under the Contracts or in connection with the Partnership, and (b) any loss of any benefit that would have inured to the benefit of [Butler] had Guarantor been a party to any of the Contracts in place of HY/Inc.”

   1 later decision quote this exact passage · from the majority
   e.g. 3 So. 3d 1185 - Butler v. Yusem