Wilko v. Swan’s Empirical Analysis
1953
Citation profile
1,331 federal appellate · 294 district · 425 state decisions
How this case has been cited
Cited by 3,604 later decisions (73 by the Supreme Court) — most recently April 2023 · most notably United Steelworkers v. Warrior & Gulf Navigation Co. (1960), Alexander v. Gardner-Denver Co. (1974)
1,331 federal appellate · 294 district · 425 state decisions — followed in 43 states
Later decisions citing this case, by decade. A case is still cited after being overruled — to note the reversal, distinguish it, or in dissent. 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
reviewedWilko v. Swan (from Second Circuit Court of Appeals)
Relationships
Relies on Brooklyn Sav Bank v. O'Neil Dize · Deckert v. Independence Shares Corp. · Callen v. Pennsylvania Railroad · Baltimore & Ohio Southwestern Railway Co. v. Voigt
Cited together with Moses H. Cone Memorial Hospital v. Mercury Construction Corp. · Rodriguez De Quijas v. Shearson/American Express, Inc. · Mitsubishi Motors Corporation v. Soler Chrysler-Plymouth Inc Soler Chrysler-Plymouth Inc · United Steelworkers v. Warrior & Gulf Navigation Co. · Scherk v. Alberto-Culver 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 3,604 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“constitute grounds for vacating the award pursuant to section 10 of the Federal Arbitration Act,”
87 later decisions quote this exact passage · from the majority“(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.”
38 later decisions quote this exact passage · from the dissent“Any condition, stipulation, or provision binding any person acquiring any security to waive compliance with any provision of this subchapter or of the rules and regulations of the Commission shall be void.”
26 later decisions quote this exact passage · from the dissent
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.