Downey v. Sharp’s Empirical Analysis
2012
Citation profile
13 state decisions
Relationships
Relies on Adarand Constructors, Inc. v. Pena · Florida Rock Industries, Inc. v. United States · 195 Ill. 2d 506 - People v. Barrow · Bell Aerospace Co. Division of Textron, Inc. v. Local 516, International Union, United Automobile, Aerospace & Agricultural Implement Workers of America · Diapulse Corporation of America v. Carba, Ltd.
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) Grounds . - The court shall vacate an award if: (1) An award was procured by corruption, fraud, or other undue means; * (2) There was evident partiality by an arbitrator appointed as a neutral, corruption in any arbitrator, or misconduct prejudicing the rights of any party; (3) The arbitrators exceeded their powers; (4) The arbitrators refused to postpone the hearing upon sufficient cause being shown for the postponement, refused to hear evidence material to the controversy, or otherwise so conducted the hearing, contrary to the provisions of § 3-213 of this subtitle, as to prejudice substantially the rights of a party; or (5) There was no arbitration agreement as described in § 3-206 of this subtitle, the issue was not adversely determined in proceedings under § 3-208 of this subtitle, and the party did not participate in the arbitration hearing without raising the objection.”
2 later decisions quote this exact passage“Although judicial review of an arbitration award is very narrowly limited, DiapulseCorporation of America v. Carba, Ltd., 626 F.2d 1108, 1110 (2d Cir.1980), a court should not attempt to enforce an award that is ambiguous or indefinite, id. at 1111 ; Bell Aerospace Co. v. Local 516, UAW, 500 F.2d 921, 923 (2d Cir.1974). An ambiguous award should be remanded to the arbitrators so that the court will know exactly what it is being asked to enforce. Cleveland Paper Handlers and Sheet Straighteners Union No. 11 v. E.W. Scripps Co., 681 F.2d 457, 460 (6th Cir.1982) (per curiam); Oil, Chemical & Atomic Workers International Union, Local 4-367 v. Rohm and Haas, Texas, Inc., 677 F.2d 492, 495 (5th Cir.1982) (per curiam) (Appendix). We believe there is sufficient ambiguity to require a remand in the instant case.”
1 later decision quote this exact passage“The Court of Special Appeals’[s] reliance on [CJ] § 3-224(b)(3), i.e., the statutory ground [for review] of an [arbitration] award [that] exceeds the arbitrator’s powers, is ... misplaced____[A]n issue or matter [that is] resolved by an [arbitration] award may be rational and legally correct[,] but the arbitrator, under the arbitration agreement, may have had no power or authority to resolve the particular issue. On the other hand, an issue may have clearly been within the arbitrator’s powers, but the arbitrator’s resolution of the issue may have been irrational or manifestly erroneous as a matter of law.... Consequently, judicial review of an arbitrat[ion] award on the basis of “irrationality” or “manifest error of law” does not fall within any of the grounds [ ] in [CJ] § 3-224(b)[.]”
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.