Dluhos v. Strasberg’s Empirical Analysis
321 F.3d 365 · 2003
Citation profile
21 federal appellate · 8 district · 3 state decisions
How this case has been cited
Cited by 147 later decisions — most recently August 2022 · most notably Alston v. Parker (2004), Retail Services Inc. v. Freebies Publishing (2004)
21 federal appellate · 8 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 15 U.S.C. § 1114 (§ 32 of the Trademark Act of 1946 (Lanham Act)) · 28 U.S.C. § 1291 · 28 U.S.C. § 1331 · 28 U.S.C. § 1367 · 42 U.S.C. § 1861 (Academic Research Facilities Modernization Act of 1988) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 9 U.S.C. § 10 (Federal Arbitration Act) · 9 U.S.C. § 2
Relies on Moses H. Cone Memorial Hospital v. Mercury Construction Corp. · Circuit City Stores, Inc. v. Adams · Kaplan v. First Options of Chicago, Inc. · Harris v. City of Philadelphia
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 147 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) where the award was procured by corruption, fraud, or undue means; (2) where there was evident partiality or corruption in the arbitrators, or either of them; (3) where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or (4) where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.”
8 later decisions quote this exact passage · from the majority“) is entitled to the extremely deferential standard of judicial review set forth in the Federal Arbitration Act (”
2 later decisions quote this exact passage · from the majority“§ 9. Award of arbitrators; confirmation; jurisdiction; procedure If the parties in their agreement have agreed that a judgment of the court shall be entered upon the award made pursuant to the arbitration, and shall specify the court, then at any time within one year after the award is made any party to the arbitration may apply to the court so specified for an order confirming the award, and thereupon the court must grant such an order unless the award is vacated, modified, or corrected as prescribed in sections 10 and 11 of this title. If no court is specified in the agreement of the parties, then such application may be made to the United States court in and for the district within which such award was made. Notice of the application shall be served upon the adverse party, and thereupon the court shall have jurisdiction of such party as though he had appeared generally in the proceeding. If the adverse party is a resident of the district within which the award was made, such service shall be made upon the adverse party or his attorney as prescribed by law for service of notice of motion in an action in the same court. If the adverse party shall be a nonresident, then the notice of the application shall be served by the marshal of any district within which the adverse party may be found in like manner as other process of the court. § 10. Same; vacation; grounds; rehearing (a) In any of the following cases the United States court in and for the district wherein the award was”
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.