Thomas v. Carnival Corp.’s Empirical Analysis
573 F.3d 1113 · 2009
Citation profile
10 federal appellate · 1 district ·
Relationships
Applies 46 U.S.C. § 10313 · 46 U.S.C. § 30104 (Merchant Marine Act of 1920 (Jones Act)) · 9 U.S.C. § 201 · 9 U.S.C. § 205 · 9 U.S.C. § 206
Relies on Bonner v. City of Prichard · Mitsubishi Motors Corporation v. Soler Chrysler-Plymouth Inc Soler Chrysler-Plymouth Inc · Dean Witter Reynolds Inc. v. Byrd · Vimar Seguros Reaseguros Sa v. M/v Sky Reefer · PacifiCare Health Systems, Inc. v. Book
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) there is an agreement in writing within the meaning of the Convention; (2) the agreement provides for arbitration in the territory of a signatory of the Convention; (3) the agreement arises out of a legal relationship, whether contractual or not, which is considered commercial; and (4) a party to the agreement is not an American citizen, or that the commercial relationship has some reasonable relation with one or more foreign states.”
3 later decisions quote this exact passage · from the majority“Recognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforcement is sought finds that ... [t]he recognition or enforcement of the award would be contrary to the public policy of that country.”
3 later decisions quote this exact passage · from the majority“[I]n this case Thomas would only be arbitrating a single issue — the Seaman’s Wage Act claim, one derived solely from a U.S. statutory scheme. If, applying Panamanian law, Thomas receives no award in the arbitral forum — a distinct possibility given the U.S. based nature of his claim — he will have nothing to enforce in U.S. courts, which will be deprived of any later opportunity to review.”
2 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.