Newport Plaza Associates, L.P. v. Durfee Attleboro Bank’s Empirical Analysis
985 F.2d 640 · 1993
Citation profile
32 federal appellate · 23 district · 7 state decisions
How this case has been cited
Cited by 77 later decisions — most recently May 2023 · most notably Smart v. Gillette Company Long-Term Disability Plan (1995), Gomez v. Rivera Rodriguez (2003)
32 federal appellate · 23 district · 7 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
Relies on Anderson v. Liberty Lobby, Inc. · Garside v. Osco Drug, Inc. · Griggs-Ryan v. Smith · United States v. Plat 20, Lot 17 · Fashion House, Inc. v. K Mart Corp.
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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[I]t matters not whether we refer to this transaction as an accord and satisfaction or as a rescission followed by the formation of a new contract; the signifi cant and essential element in either instance under the substituted contract theory is a factual determination that the original contractual rights and obligations of both parties were extinguished and new contractual rights and liabilities created for each, all by their mutual agreement.””
1 later decision quote this exact passage · from the majority“objective indicia of consent, not on a party's subjective expectations”). . Assuming arguendo, as previously noted, that Herman and Financial Resources qualify as”
1 later decision quote this exact passage · from the majority“the interpretation of [ambiguous] contract language, itself acknowledged, becomes a question of fact for the jury rather than a question of law for the judge”
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.