DeFalco v. Dirie’s Empirical Analysis

Citation profile

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. “this deal as well, which Bernas intentionally did [Tr.12/11, p. 355]. Again, the damages flowing from that (i.e., the loss to [DeFalco] of the profit that [he] would have made from this deal) was clearly foreseeable. (sic) (Plaintiffs' Memorandum of Law in Opposition to Post Trial Motion by Defendant Paul Rouis, ¶. 22 24.) 63 DeFalco v. Dirie, 978 F. Supp. 491, 498 (S.D.N.Y. 1997). 64 In ruling on certain post-trial motions, however, the Court held that this theory was analytically inadequate because”

   1 later decision quote this exact passage · from the majority
   e.g. Joseph De Falco v. John Bernas

2. “DeFalco paid approximately $960,000 for the land in 1987 and claims to have lost the opportunity to sell the land for approximately $7,300,000 in 1989. However, at the time of the trial DeFalco still owned the land. Consequently, the critical issue was not simply the purchase price for the land, or the value of the contract said to have been frustrated. DeFalco was also obligated to offer satisfactory evidence of the market value of the land at the time of trial. No such evidence was adduced.”

   1 later decision quote this exact passage · from the majority
   e.g. Joseph De Falco v. John Bernas

3. “DeFalco shall recover from John Bernas, John Bernas, Inc. and JML Quarries, Inc. jointly and severally the sum of $228,079.08 for legal fees and disbursements.”

   1 later decision quote this exact passage · from the majority
   e.g. Joseph De Falco v. John Bernas