Fallo v. High-Tech Institute’s Empirical Analysis
559 F.3d 874 · 2009
Citation profile
15 federal appellate · 8 district · 22 state decisions
How this case has been cited
Cited by 68 later decisions — most recently August 2023 · most notably Ajamian v. Cantorco2e. L.P. (2012), Petrofac, Inc. v. DynMcDermott Petroleum Operations Co. (2012)
15 federal appellate · 8 district · 22 state decisions — followed in 11 states
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
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 9 U.S.C. § 3
Relies on At&T Technologies, Inc. v. Communications Workers · First Options of Chicago, Inc. v. Kaplan · Mastrobuono v. Shearson Lehman Hutton, Inc. · Preston v. Ferrer · Contec Corporation v. Remote Solution Co Ltd 04-0382-Cv
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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a. The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or válidity of the arbitration agreement. b. The arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration clause shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitrator that the contract is null and void shall not for that reason alone render invalid the arbitration clause. c. A party must object to the jurisdiction of the arbitrator or to the arbitrability of a claim or . counterclaim no later than the filing of the answering statement to the claim or counterclaim that gives rise to the objection. The arbitrator may rule on such objections as a preliminary matter or as part of the final award.-”
3 later decisions quote this exact passage · from the majority“Most of our sister circuits that have considered this issue agree with our conclusion that an arbitration provision's incorporation of the AAA Rules ... is a clear and unmistakable expression of the parties' intent to reserve the question of arbitrability for the arbitrator and not the court.”
3 later decisions quote this exact passage · from the majority“a clear and unmistakable expression of the parties' intent to leave issues of arbitrability to an arbitrator.”
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.