Stutler v. Tk Constructors Inc’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 6 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The district court erred by applying federal common law rather than considering state law contract defenses. Specifically, the court relied on our holdings in Cooper v. MRM Investment Co. and Morrison v. Circuit City Stores, Inc., supra. We clearly limited our holdings in Morrison and Cooper to the validity of arbitration clauses in employment agreements where an employee’s statutorily created federal civil rights are at issue. Morrison , a Title VII employment discrimination case, held that an arbitration clause may be unenforceable if the cost of arbitration would undermine “the purposes of federal anti-discrimination legislation” by deterring potential claimants from pursuing their claims. According to Morrison , the resolution of an arbitral civil rights dispute must “reconcile the liberal federal policy favoring arbitration agreements with the important rights created and protected by federal civil rights legislation.” Id. at 652-53 (quotation omitted) (emphasis added). Toward that end, Morrison provides that “potential litigants must be given an opportunity, prior to arbitration on the merits, to demonstrate that the potential costs of arbitration are great enough to deter them and similarly situated individuals from seeking to vindicate their federal statutory rights in the arbitral forum.” Id. at 663 (emphasis added). Cooper, a second Title VII employment discrimination case, also upheld a district court’s refusal to enforce an arbitration clause where the cost of arb”

   1 later decision quote this exact passage · from the majority
   e.g. Rosenberg v. BlueCross BlueShield of Tennessee, Inc.

2. “[e]ven if Morrison and Cooper were not explicitly limited to the arbitration of federal statutory rights, Erie R. Co. v. Tompkins forbids their application to a question governed by state law. 304 U.S. 64, 78 , 58 S.Ct. 817 , 82 L.Ed. 1188 (1938). Erie provides that “[e]xcept in matters governed by the Federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state.” Id. at 78 , 58 S.Ct. 817 . Although the FAA generally preempted states’ laws that are inconsistent with the FAA, Congress explicitly preserved the applicability of state law defenses to arbitration agreements. 9 U.S.C. § 2 ; Perry v. Thomas, 482 U.S. 483 , 492 n. 9, 107 S.Ct. 2520 , 96 L.Ed.2d 426 (1987). Accordingly, the [homeowners’] ability to avoid their agreement with [the construction company] is governed by the generally applicable contract laws of the Commonwealth of Kentucky. We cannot, under Erie, invalidate that agreement by reference to the federal common law established by ... Morrison and Cooper .”

   1 later decision quote this exact passage · from the majority
   e.g. 173 F. Supp. 3d 505 - Preferred Care of Delaware, Inc. v. Crocker

3. “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.”

   1 later decision quote this exact passage · from the concurrence
   e.g. American General Home Equity, Inc. v. Kestel