Dale v. Comcast Corp.’s Empirical Analysis
498 F.3d 1216 · 2007
Citation profile
17 federal appellate · 1 district · 5 state decisions
Relationships
Applies 15 U.S.C. § 1640 (§ 130 of the Truth in Lending Act) · 29 U.S.C. § 1132 (§ 502 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 216 · 29 U.S.C. § 626 (§ 7 of the Age Discrimination in Employment Act of 1967) · 42 U.S.C. § 2000E (§ 706 of the Title VII of the Civil Rights Act of 1964) · 47 U.S.C. § 521 · 47 U.S.C. § 542 · 47 U.S.C. § 551
Relies on Amchem Products, Inc. v. Windsor · Prima Paint Corp. v. Flood & Conklin Mfg. Co. · Gilmer v. Interstate/Johnson Lane Corp. · Doctor's Associates, Inc. v. Casarotto · City of Lockport v. United States
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he enforceability of a particular class action waiver in an arbitration agreement must be determined on a case-by-case basis, considering the totality of the facts and circumstances. Relevant circumstances may include, but are not limited to, the fairness of the provisions, the cost to an individual plaintiff of vindicating the claim when compared to the plaintiff's potential recovery, the ability to recover attorneys' fees and other costs and thus obtain legal representation to prosecute the underlying claim, the practical affect the waiver will have on a company's ability to engage in unchecked market behavior, and related public policy concerns.”
6 later decisions quote this exact passage · from the majority“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.”
5 later decisions quote this exact passage · from the majority“allow Comcast to engage in unchecked market behavior that may be unlawful.”
3 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.