Skirchak v. Dynamics Research Corp.’s Empirical Analysis
508 F.3d 49 · 2007
Citation profile
11 federal appellate · 10 district · 1 state decisions
Relationships
Applies 29 U.S.C. § 201 (American Samoa Labor Standards Amendments of 1956) · 29 U.S.C. § 216 · 29 U.S.C. § 626 (§ 7 of the Age Discrimination in Employment Act of 1967) · 42 U.S.C. § 12212 (§ 513 of the Americans with Disabilities Act of 1990) · 9 U.S.C. § 16 (Federal Arbitration Act) · 9 U.S.C. § 2
Relies on Moses H. Cone Memorial Hospital v. Mercury Construction Corp. · Mitsubishi Motors Corporation v. Soler Chrysler-Plymouth Inc Soler Chrysler-Plymouth Inc · John Wiley & Sons, Inc. v. Livingston · Gilmer v. Interstate/Johnson Lane Corp. · Green Tree Financial Corp.-Alabama v. Randolph
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hen claims are submitted to arbitration, the question of whether class arbitration is forbidden is not a question of arbitrability, but initially a question of contract interpretation and should be decided in the first instance by an arbitrator ____[T]he question is not whether the parties wanted a judge or an arbitrator to decide whether they agreed to arbitrate a matter. Rather the relevant question here is what kind of arbitration proceeding the parties agreed to. 3”
2 later decisions quote this exact passage · from the concurrence“that there is a policy debate about whether class action waivers essentially act as exculpatory clauses, allowing for violations of laws where individual cases involve low dollar amounts and so will not adequately address or prevent illegality.” However, the Skirchak Court declined to decide”
2 later decisions quote this exact passage · from the majority“A written provision in ... a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction ... 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
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.