Bear v. Hayden, Stone, Inc.’s Empirical Analysis

Citation profile

14 federal appellate · 2 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “of the claim. 21 Here the churning controversy arose from circumstances that occurred before De Lancie became a member, i. e. from October 1976 through December 1978. 4 We therefore hold that PSE rule XII cannot be applied to De Lancie, and he cannot be compelled to arbitrate his federal securities claims. This result is consonant with the rule in this circuit that arbitration is regarded with favor by the courts except in situations involving protective legislation, the”

   1 later decision quote this exact passage · from the majority
   e.g. De Lancie v. Birr, Wilson & Co.

2. ““In situations where public policy dictates that an administrative or judicial body have primary jurisdiction, arbitration may not be ordered unless the waiver of the statutory right follows the controversy. .. . ” “The most obvious example of protective legislation that impinges on the arbitration provision of the NYSE constitution is embodied in the federal securities laws. . . . ” Id. at 735 , notes 2 and 3.”

   1 later decision quote this exact passage · from the majority
   e.g. Himebaugh v. Smith

3. “§ 28(b) of the 1934 Act expressly empowers stock exchanges to make rules for settlement of disputes between members”

   1 later decision quote this exact passage · from the majority
   e.g. Tullis v. Kohlmeyer & Co.