Katz v. Feinberg’s Empirical Analysis
290 F.3d 95 · 2002
Citation profile
7 federal appellate · 3 district · 3 state decisions
How this case has been cited
Cited by 30 later decisions — most recently July 2021 · most notably Westerbeke Corporation v. Daihatsu Motor Co Ltd (2002), Hoeft III v. Mvl Group Inc (2003)
7 federal appellate · 3 district · 3 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
Applies 9 U.S.C. § 1 (Federal Arbitration Act) · 9 U.S.C. § 10 (Federal Arbitration Act)
Relies on First Options of Chicago, Inc. v. Kaplan · Painewebber Inc. v. Bybyk · Abram Landau Real Estate v. Benova · In re the Arbitration between Dimson & Elghanayan
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.
“[W]e cannot conclude that in this case where a single agreement contains both a broadly worded arbitration clause and a specific clause... that the parties' intention to arbitrate questions of arbitrability under the broad clause remains clear. We find the presence of both these clauses creates an ambiguity, which, under First Options , requires us to assign questions of arbitrability to the district court, not the arbitrator.”
1 later decision quote this exact passage · from the majority“The parties’ Purchase Agreement includes both a specific provision, § 2(b), assigning determination of the Final Share Price to the Company Accountants, and a generally worded arbitration provision, § 14(g), assigning all claims arising from the agreement to an arbitrator. Under existing law, we find that the more specific assignment should govern.”
1 later decision quote this exact passage · from the majority“both a broadly worded arbitration clause and a specific clause assigning a certain decision to an independent accountant,”
1 later decision 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.