Wilko v. Swan’s Empirical Analysis
201 F.2d 439 · 1953
Citation profile
46 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 58 later decisions (3 by the Supreme Court) — most recently September 2019 · most notably Mitsubishi Motors Corporation v. Soler Chrysler-Plymouth Inc Soler Chrysler-Plymouth Inc (1985), Wilko v. Swan (1953)
46 federal appellate · 1 district · 1 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.
Appellate journey
Relationships
Applies 15 U.S.C. § 771 (CAN-SPAM Act of 2003) · 15 U.S.C. § 77A (§ 1 of the Securities Act of 1933) · 15 U.S.C. § 77N (§ 14 of the Securities Act of 1933) · 15 U.S.C. § 77V (§ 22 of the Securities Act of 1933) · 15 U.S.C. § 78A (§ 1 of the Securities Exchange Act of 1934) · 29 U.S.C. § 201 (American Samoa Labor Standards Amendments of 1956) · 29 U.S.C. § 216 · 40 U.S.C. § 3131
Relies on Shanferoke Coal Supply Corporation v. Westchester Service Corporation · Callen v. Pennsylvania Railroad · Boyd v. Grand Trunk Western Railroad · Kulukundis Shipping Co. v. Amtorg Trading Corp. · Frost Co v. Coeur D'Alene Mines Corporation
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'of a character inappropriate for enforcement by arbitration.'”
2 later decisions quote this exact passage“Sec. 27. The district courts of the United States, the Supreme Court of the District of Columbia, and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have exclusive jurisdiction of violations of this title or the rules and regulations thereunder, and of all suits in equity and actions at law brought to enforce any liability or duty created by this title or the rules and regulations thereunder. Any criminal proceeding may be brought in the district wherein any act or transaction constituting the violation occurred. Any suit or action to enforce any liability or duty created by this title or rules and regulations thereunder, or to enjoin any violation of such title or rules and regulations, may be brought in any such district or in the district wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found. Judgments and decrees so rendered shall be subject to review as provided in sections 128 and 240 of the Judicial Code, as amended (U.S.C., title 28, secs. 225 and 347). No costs shall be assessed for or against the Commission in any proceeding under this title brought by or against it in the Supreme Court or such other courts.”
1 later decision quote this exact passage“Although the question is not free from doubt and Judge Goddard's opinion presents a strong argument against the conclusion we have reached, we do not find in the purpose or in the language of the statute, any policy argument strong enough to override the policy of the Arbitration Act. If Congress had intended to forbid arbitration in a suit based on section 12(2), we believe it would have expressed such intent.”
1 later decision quote this exact passage
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.