Morris v. Morris’s Empirical Analysis

Citation profile

52 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “' "In determining whether the totality of the circumstances supports a finding of waiver, a court may consider such factors as: (1) whether the party seeking arbitration invoked the court's jurisdiction by filing a complaint or claim without first requesting a stay; (2) the delay, if any, by the party seeking arbitration to request a stay; (3) the extent to which the party seeking arbitration has participated in the litigation; and (4) whether prior inconsistent acts by the party seeking arbitration would prejudice the non-moving party.”

   4 later decisions quote this exact passage
   e.g. John A. Becker Co. v. Jedson Eng'g, Inc. · Crosscut Capital, L.L.C. v. Dewitt

2. “' "A party asserting waiver must prove that the waiving party knew of the existing right to arbitrate and, based on the totality of the circumstances, acted inconsistently with that known right.”

   3 later decisions quote this exact passage
   e.g. John A. Becker Co. v. Jedson Eng'g, Inc. · Pinnell v. Cugini & Cappoccia Builders, Inc.

3. “'[a] trial court's decision granting or denying a stay of proceedings pending arbitration is * * * subject to de novo review on appeal with respect to issues of law, which commonly will predominate because such cases generally turn on issues of contractual interpretation or statutory application'”

   2 later decisions quote this exact passage
   e.g. Crosscut Capital, L.L.C. v. Dewitt · Michigan Timber & Truss, Inc. v. Summit Bldg. Servs., L.L.C.