Comer v. Micor, Inc.’s Empirical Analysis
436 F.3d 1098 · 2006
Citation profile
14 federal appellate · 7 district · 17 state decisions
How this case has been cited
Cited by 69 later decisions — most recently April 2022 · most notably Johnson v. Couturier (2009), In Re Merrill Lynch Trust Co. FSB (2007)
14 federal appellate · 7 district · 17 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
Applies 29 U.S.C. § 1002 (§ 3 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1109 (§ 409 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1132 (§ 502 of the Employee Retirement Income Security Act of 1974)
Relies on Moses H. Cone Memorial Hospital v. Mercury Construction Corp. · Friends of the Earth Incorporateds v. Laidlaw Environmental Services Inc · Volt Information Sciences Inc v. Board of Trustees of Leland Stanford Junior University · Rodriguez De Quijas v. Shearson/American Express, Inc. · Shearson/American Express Inc. v. McMahon
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A third party beneficiary might in certain circumstances have the power to sue under a contract; it certainly cannot be bound to a contract it did not sign or otherwise assent to.”
4 later decisions quote this exact passage · from the majority“precludes a party from claiming the benefits of a contract while simultaneously attempting to avoid the burdens that contract imposes.”
3 later decisions quote this exact passage · from the majority“[A] nonsignatory may be held to an arbitration clause 'where the nonsignatory "knowingly exploits the agreement containing the arbitration clause despite having never signed the agreement”
2 later decisions 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.