Nelson’s Empirical Analysis
Citation profile
7 district · 3 state decisions
How this case has been cited
Cited by 26 later decisions — most recently April 2021 · most notably Emmanuel Bailey, v. Federal National Mortgage Association,, Martens v. Smith Barney, Inc. (1998)
7 district · 3 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 Moses H. Cone Memorial Hospital v. Mercury Construction Corp. · Alexander v. Gardner-Denver Co. · First Options of Chicago, Inc. v. Kaplan · Kremer v. Chemical Construction Corp. · Gilmer v. Interstate/Johnson Lane 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Congress intended there to be at least a knowing agreement to arbitrate employment disputes before an employee may be deemed to have waived the comprehensive statutory rights, remedies and procedural protections prescribed in Title VII and related state statutes.”
3 later decisions quote this exact passage · from the majority“This, too, is a flawed argument. First, as counsel acknowledged at oral argument, there is a question as to whether Fannie Mae could terminate a current employee solely because of his or her refusal to accept the new arbitration policy. The Ninth Circuit has held that 40 the unilateral promulgation by an employer of arbitration provisions in an Employee Handbook does not constitute a”
2 later decisions quote this exact passage · from the majority“[w]hen deciding whether the parties agreed to arbitrate a certain matter, ... courts generally ... should apply ordinary state law principles that govern the formation of contracts.”
2 later decisions quote this exact passage · from the dissent
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.