21 Cal. App. 4th 1508 - Mormile v. Sinclair’s Empirical Analysis
1994
Citation profile
30 state decisions
How this case has been cited
Cited by 30 later decisions — most recently July 2019 · most notably 67 Cal. App. 4th 779 - Badie v. Bank of America (1998), 84 Cal. App. 4th 64 - Norcal Mutual Insurance Company v. Newton (2000)
30 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 Dillon v. Legg · 17 Cal. 3d 699 - Madden v. Kaiser Foundation Hospitals · Doyle v. Giuliucci · 169 Cal. App. 3d 718 - Herbert v. Superior Court · 231 Cal. App. 3d 1586 - Bolanos v. Khalatian
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“for requiring nonsignatory spouses to arbitrate their claims arising out of injuries suffered by the signatory spouse. [¶] Two competing rights are at stake: the patient's right of privacy and the spouse's right to jury trial of a treatment-related claim. Without trivializing the latter right, we believe the ... focus [is] most appropriately placed on the sanctity of the physician-patient relationship a safe haven which would be severely threatened if the physician were obliged to obtain the signature of the patient's spouse to the arbitration agreement.”
1 later decision quote this exact passage“We therefore hold that where, as here, a patient expressly contracts to submit to arbitration `any dispute as to medical malpractice,' and that agreement fully complies with Code of Civil Procedure section 1295, it must be deemed to apply to all medical malpractice claims arising out of the services contracted for, regardless of whether they are asserted by the patient or a third party.”
1 later decision quote this exact passage“if a spouse or adult children were permitted to litigate wrongful death or loss of consortium claims `the purpose of section 1295 would be defeated, for the patient would be compelled to arbitrate, but the physician would still have to answer in a civil suit for claims dependent on identical facts' and ... `[n]o savings would be effected.'”
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.