Zink v. Merrill Lynch Pierce Fenner & Smith, Inc.’s Empirical Analysis
13 F.3d 330 · 1993
Citation profile
9 federal appellate · 9 district · 12 state decisions
How this case has been cited
Cited by 39 later decisions — most recently September 2020 · most notably Maldonado v. Dominguez (1998), Lakeland Anesth., Inc. v. United Health. of La. (2004)
9 federal appellate · 9 district · 12 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
Applies 15 U.S.C. § 77J (§ 10 of the Securities Act of 1933) · 15 U.S.C. § 77Q (§ 17 of the Securities Act of 1933) · 28 U.S.C. § 1291 · 9 U.S.C. § 1 (Federal Arbitration Act) · 9 U.S.C. § 2
Relies on Moses H. Cone Memorial Hospital v. Mercury Construction Corp. · At&T Technologies, Inc. v. Communications Workers · Prima Paint Corp. v. Flood & Conklin Mfg. Co. · Volt Information Sciences Inc v. Board of Trustees of Leland Stanford Junior University · Shearson/American Express Inc. v. McMahon
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“any *Page 623 controversy . . . arising out of your business or this agreement”
4 later decisions quote this exact passage · from the majority“[a]n arbitration clause covering disputes arising out of the contract or business between the parties evinces a clear intent to cover more than just those matters set forth in the contract. Plaintiffs contention that an agreement to arbitrate a dispute must pre-date the actions giving rise to the dispute is misplaced. Such a suggestion runs contrary to contract principles which govern arbitration agreements.”
3 later decisions quote this exact passage · from the majority“A written provision in ... a contract ... to settle by arbitration a controversy thereafter arising out of such contract ... or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract ... shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.”
2 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.