Shanferoke Coal Supply Corporation v. Westchester Service Corporation’s Empirical Analysis
293 U.S. 449 · 1935
Citation profile
461 federal appellate · 30 district · 35 state decisions
How this case has been cited
Cited by 729 later decisions (27 by the Supreme Court) — most recently March 2019 · most notably Prima Paint Corp. v. Flood & Conklin Mfg. Co. (1967), Bernhardt v. Polygraphic Co. of America, Inc. (1956)
461 federal appellate · 30 district · 35 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.
Appellate journey
reviewedShanferoke Coal & Supply Corp. of Delaware v. Westchester Service Corp. (from Second Circuit Court of Appeals)
Relationships
Relies on Kline v. Burke Construction Co. · Mansfield Ry Co v. Swan · Enelow v. New York Life Insurance · Red Cross Line v. Atlantic Fruit Co.
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 729 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration.”
7 later decisions quote this exact passage · from the majority“the special defense setting up the arbitration agreement is [itself] an equitable defense”
5 later decisions quote this exact passage · from the majority“A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under Title 28, in a civil action or in admiralty of the subject matter of a suit arising out of the controversy between the parties, for an order directing that such arbitration proceed in the manner provided for in such agreement.... The court shall hear the parties, and upon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement.... If the making of the arbitration agreement or the failure, neglect, or refusal to perform the same be in issue, the court shall proceed summarily to the trial thereof.... If the jury find that no agreement in writing for arbitration was made or that there is no default in proceeding thereunder, the proceeding shall be dismissed. If the jury find that an agreement for arbitration was made in writing and that there is a default in proceeding thereunder, the court shall make an order summarily directing the parties to proceed with the arbitration in accordance with the terms thereof.”
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.