Long v. Silver’s Empirical Analysis
248 F.3d 309 · 2001
Citation profile
12 federal appellate · 11 district · 24 state decisions
How this case has been cited
Cited by 73 later decisions (1 by the Supreme Court) — most recently August 2020 · most notably Hertz Corp. v. Friend (2010), Ei Dupont De Nemours and Company Delaware Corporation v. Rhone Poulenc Fiber and Resin Intermediates Sas (2001)
12 federal appellate · 11 district · 24 state decisions — followed in 11 states
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 Moses H. Cone Memorial Hospital v. Mercury Construction Corp. · United Steelworkers v. Warrior & Gulf Navigation Co. · Prima Paint Corp. v. Flood & Conklin Mfg. Co. · American Fire & Casualty Co. v. Finn · Mastrobuono v. Shearson Lehman Hutton, Inc.
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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he heavy presumption of arbitrability requires that when the scope of the arbitration clause is open to question, a court must decide the question in favor of arbitration. Thus, we may not deny a party’s request to arbitrate an issue unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute ... [A]lthough the intention of the parties is relevant, the intentions of parties to an arbitration agreement are generously construed in favor of. arbitrability.”
5 later decisions quote this exact passage · from the majority“[a]llowing Long to avoid the consequences of the [shareholder agreement] while invoking its benefits ... would both disregard equity and contravene the FAA”
2 later decisions quote this exact passage · from the majority“any and all disputes ... arising out of or in connection with this Agreement”
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.