Stark’s Empirical Analysis

Citation profile

11 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(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.”

   6 later decisions quote this exact passage · from the majority
   e.g. Paisley Park Enters., Inc. v. Boxill · Int'l Bhd. of Teamsters Local Union No. 618 v. Henkel Consumer Prods.

2. “A party seeking vacatur [based on manifest disregard of the law] bears the burden of proving that the arbitrators were fully aware of the existence of a clearly defined governing legal principle, but refused to apply it, in effect, ignoring it. Because arbitrators are not required to elaborate their reasoning supporting an award, if they choose not to do so, it is all but impossible to determine whether they acted with manifest disregard for the law. Manifest disregard of the law is more than a simple error in law or a failure by the arbitrators to understand or apply it; and, it is more than an erroneous interpretation of the law. Our disagreement with an arbitrator’s interpretation of the law or determination of the facts is an insufficient basis for setting aside his award.”

   3 later decisions quote this exact passage · from the majority
   e.g. 423 F. Supp. 2d 975 - Laidlaw Transit v. Inter National Broth. of Teams. · 599 F. Supp. 2d 1118 - Volk v. X-Rite, Inc.

3. “"`Although this result may seem draconian, the rules of law limiting judicial review and the judicial process in the arbitration context are well established and the parties . . . can be presumed to have been well versed in the consequences of their decision to resolve their disputes in this manner.' Moreover, `[a]rbitration is not a perfect system of justice, nor it is [sic] designed to be.' Rather, it `is designed primarily to avoid the complex, time-consuming and costly alternative of litigation.' "`In the arbitration setting we have almost none of the protections that fundamental fairness and due process require for the imposition of this form of punishment. Discovery is abbreviated if available at all. The rules of evidence are employed, if at all, in a very relaxed manner. The factfinders . . . operate with almost none of the controls and safeguards [present in traditional litigation].' "Here, [the party moving to compel arbitration] chose to resolve this `dispute quickly and efficiently through arbitration.' Indeed, it was [that party] that insisted on removing the matter to arbitration. In so doing, [the party moving to compel arbitration] `got exactly what it bargained for.' `Having entered such a contract, [that party] must subsequently abide by the rules to which it agreed.'"”

   1 later decision quote this exact passage · from the majority
   e.g. 910 So. 2d 79 - H S Homes, L.L.C. v. McDonald