McCaskill v. SCI Management Corp.’s Empirical Analysis

Citation profile

19 federal appellate · 1 district · 1 state decisions

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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “At oral argument, [defendant] conceded that the agreement is unenforceable if construed to limit [plaintiffs] ability to recover attorney’s fees (provided she prevails) under Title VII. The agreement clearly bars the plaintiffs ability to recover any attorney’s fees, and because [defendant] conceded the agreement is therefore unenforceable, we need not proceed any further into an examination of whether Title VII’s fee-shifting provisions override an arbitration agreement. The verbal admission by SCI’s counsel at oral argument is a binding judicial admission, the same as any other formal concession made during the course of proceedings. The agreement prohibits the recovery of attorney’s fees in any situation, thus, based on [defendant’s] concession, we find that the arbitration clause is unenforceable.”

   1 later decision quote this exact passage · from the majority
   e.g. 405 F. Supp. 2d 904 - Gillispie v. Village of Franklin Park

2. “the attorney's fees clause, as well as two other contravening clauses, were not severable from the arbitration agreement as a whole — a claim not even raised in this case and therefore not before us here.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Spinetti v. Service Corp. International

3. “We are loathe to attach conclusive weight to the relatively spontaneous responses of counsel to equally spontaneous questioning from the Court during oral argument.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Reilly v. City of Harrisburg