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← 452 F.3d 373 - Acosta

Acosta’s Empirical Analysis

Citation profile

13
cited by 13 later decisions
February 2021
most recently cited

How this case has been cited

Cited by 13 later decisions — most recently February 2021

90200020102020decided

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 Moses H. Cone Memorial Hospital v. Mercury Construction Corp. · Shaw v. Delta Air Lines, Inc. · Scherk v. Alberto-Culver Co. · Tri-cities Newspapers, Inc. v. Tri-Cities Printing Pressmen & Assistants' Local 349 · McDermott International, Inc. v. Lloyds Underwriters of London

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.

  1. “[w]here the subject matter of an action or proceeding pending in a State court relates to an arbitration agreement or award falling under the Convention, the defendant or defendants may, at any time before the trial thereof, remove such action or proceeding to the district court of the United States for the district and division embracing the place where the action or proceeding is pending.”
    4 later decisions quote this exact passage · from the majority
  2. “An arbitration agreement or arbitral award arising out of a legal relationship, whether contractual or not, which is considered as commercial, including a transaction, contract, or agreement described in section 2 of this title, falls under the Convention. An agreement or award arising out of such a relationship which is entirely between citizens of the United States shall be deemed not to fall under the Convention unless that relationship involves property located abroad, envisages performance or enforcement abroad, or has some other reasonable relation with one or more foreign states. For the purpose of this section a corporation is a citizen of the United States if it is incorporated or has its principal place of business in the United States.”
    2 later decisions quote this exact passage · from the majority
  3. ““Relate” means “to have connection, relation, or reference[.]” It is unarguable that the subject matter of the litigation has some connection, has some relation, has some reference to the arbitration clauses here. [Plaintiffs]’ assertion of claims against the insurers is, in part, an assertion of policy coverage of the insured’s alleged torts. Common sense dictates the conclusion that policy provisions relating to coverage of the insured’s torts are, almost by definition, related to claims that are based on the disputed assertion of coverage of the insured’s torts. The arbitration clauses here declare the forum for the resolution of coverage disputes; they are therefore related to [plaintiffs]’ disputed assertion of coverage and, hence, to the subject matter of [plaintiffs]’ claims against the defendant insurers that depend on the existence of coverage. Stated as a rule, a clause determining the forum for resolution of specific types of disputes relates to a lawsuit that seeks the resolution of such disputes.”
    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.