Todd Dobbins Sr’s Empirical Analysis

Citation profile

4 district · 4 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As the district court noted in its order, courts across the country have begun to recognize the potential that arbitration fees will make an arbitration agreement unconscionable. We agree with those courts that the potential is present. However, whether or not arbitration fees make the agreement to arbitrate unconscionable is something that must be determined on a case-by-case basis in light of the state law governing unconscionability. In this case, the Dobbinses claim that the final fee determination they received from the AAA was $23,000. The district court found this fee to be oppressive and therefore granted the stay. The AAA, however, has a fee waiver procedure. It decides whether or not to waive, in whole or in part, a fee on the basis of a claimant's financial situation. It is clear, however, from our reading of the evidentiary hearing transcript, that the Dobbinses never fully explored the AAA's fee waiver procedures because Mr. Dobbins refused to provide his family's financial information to the AAA. This is an important step that must be taken before an unconscionability determination can be made. Therefore, in an effort to foster the policy in favor of arbitration, we reverse and remand this case with directions to order the Dobbinses to present a reduced demand for damages and to seek a diminution or a waiver of fees from the AAA. The district court also should retain jurisdiction over the case to determine if the fee, if not waived all together, is lowered to a ”

   2 later decisions quote this exact passage · from the majority
   e.g. 848 So. 2d 828 - Sanderson Farms, Inc. v. Gatlin · 817 So. 2d 529 - Parkerson v. Smith

2. “on the basis that the fees imposed by the American Arbitration Association ... and their inability to pay the fees prevented them from effectively asserting their claims.”

   1 later decision quote this exact passage · from the majority
   e.g. 848 So. 2d 828 - Sanderson Farms, Inc. v. Gatlin

3. “the district court lifted the stay, reopened the case, and found that the arbitration fees precluded the Dobbinses from availing themselves of the arbitral forum.”

   1 later decision quote this exact passage · from the majority
   e.g. 848 So. 2d 828 - Sanderson Farms, Inc. v. Gatlin