Brown v. Dillard's, Inc.’s Empirical Analysis
430 F.3d 1004 · 2005
Citation profile
8 federal appellate · 5 district · 7 state decisions
How this case has been cited
Cited by 35 later decisions — most recently March 2024 · most notably Cox v. Ocean View Hotel Corp. (2008), Hill v. Ricoh Americas Corp. (2010)
8 federal appellate · 5 district · 7 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 Textile Workers v. Lincoln Mills of Ala. · Mitsubishi Motors Corporation v. Soler Chrysler-Plymouth Inc Soler Chrysler-Plymouth Inc · Southland Corp. v. Keating · Doctor's Associates, Inc. v. Casarotto · Drake Bakeries Incorporated v. Local 50 American Bakery Confectionery Workers International
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Employers ... would have an incentive to refuse to arbitrate claims brought by employees in the hope that the frustrated einployees would simply abandon them. This tactic would be costless to employers if they were allowed to compel arbitration whenever a frustrated but persistent employee eventually initiated litigation. We decline to adopt a rule that would encourage companies to refuse to participate in properly initiated arbitration proceedings.”
4 later decisions quote this exact passage · from the majority“Dillard’s urges us to analyze this case under the doctrines governing waiver of the right to arbitrate, rather than as a breach-of-contract case. We believe that it is more accurate to describe Dillard’s behavior as breach of contract. However, we briefly note that if we were to approach this as a waiver case, we would have no difficulty finding that Dillard’s waived its right to arbitrate Brown’s claims.”
1 later decision quote this exact passage · from the majority“If Dillard’s believed Brown’s claim was meritless, its proper course of action was to make that argument in arbitration. Instead, Dillard’s refused to participate in the arbitration process at all.”
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.