Dockser v. Schwartzberg’s Empirical Analysis

Citation profile

9 federal appellate · 2 district · 5 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “in the kind of narrow circumstance where contracting parties would likely have expected a court to have decided the gateway matter, where they are not likely to have thought that they had agreed that an arbitrator would do so, and, consequently, where reference of the gateway dispute to the court avoids the risk of forcing parties to arbitrate a matter that they may well not have agreed to arbitrate.”

   2 later decisions quote this exact passage · from the majority
   e.g. Karnette v. Wolpoff & Abramson, L.L.P. · 227 F. App'x 250 - Davis v. ECPI College of Technology, L.C.

2. “but instead a procedural one. It is not an issue that parties would have expected a court rather than an arbitrator to decide, see Howsam , 537 U.S. at 83, 123 S.Ct. 588 , because the AAA rules, which the parties contractually agreed to employ, provide specific non-judicial procedures for its resolution. Moreover, judicial decision is not necessary to”

   2 later decisions quote this exact passage · from the majority
   e.g. 931 So. 2d 155 - Della Penna v. Zabawa · Certain Underwriters at Lloyd's London v. Westchester Fire Insurance

3. “[T]he onus is on the party seeking litigation on a procedural issue to show that the agreement somehow excludes that issue from arbitration.”

   2 later decisions quote this exact passage · from the majority
   e.g. Employers Insurance Company of Wausau v. Century Indemnity Company · Certain Underwriters at Lloyd's London v. Westchester Fire Insurance