Adams v. Nelsen’s Empirical Analysis
1985
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently July 2016 · most notably Register v. White (2004), 102 N.C. App. 255 - Prime South Homes, Inc. v. Byrd (1991)
28 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 Cyclone Roofing Co. v. David M. LaFave Co. · 62 N.C. App. 52 - Sims v. Ritter Construction, Inc. · 15 Misc. 2d 947 - In re the Arbitration between Mark Cross Co. & Ellis
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Two or more parties may agree in writing to submit to arbitration any controversy existing between them at the time of the agreement, or they may include in a written contract a provision for the settlement by arbitration of any controversy thereafter arising between them relating to such contract or the failure or refusal to perform the whole or any part thereof. Such agreement or provision shall be valid, enforceable, and irrevocable except with the consent of all the parties, without regard to the justicia-ble character of the controversy.”
2 later decisions quote this exact passage“All claims or disputes between the Subcontractor and the Contractor arising out of or related to this Subcontract or the breach thereof or either party's performance of their obligations under this Subcontract shall be decided by arbitration, at the option of the Contractor, in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association ("AAA") currently in effect. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement and, upon acceptance by the Contractor, if required, filed with the AAA. Such notice must be made within 30 days after the claim or dispute has arisen or within 30 days after the Subcontractor's work under this Subcontract has been completed, whichever is later. Arbitration under this paragraph, if involved, shall be held in Allegheny County, Pennsylvania, and shall be the Subcontractor's exclusive remedy, to the exclusion of all other remedies, including the filing of a mechanic's lien or construction lien, for any dispute within the scope of this paragraph.”
1 later decision quote this exact passage“Because of the reluctance to find waiver, we hold that a party has impliedly waived its contractual right to arbitration if by its delay or by actions it takes which are inconsistent with arbitration, another party to the contract is prejudiced by the order compelling arbitration. A party may be prejudiced if, for example, it is forced to bear the expenses of a lengthy trial; evidence helpful to a party is lost because of delay in the seeking of arbitration^] a party’s opponent takes advantage of judicial discovery procedures not available in arbitration[;] or, by reason of delay, a party has taken steps in litigation to its detriment or expended significant amounts of money thereupon.”
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.