Zuckerman Spaeder, LLP v. Auffenberg’s Empirical Analysis
646 F.3d 919 · 2011
Citation profile
1 federal appellate · 5 district · 1 state decisions
Relationships
Applies 9 U.S.C. § 16 (Federal Arbitration Act) · 9 U.S.C. § 2 · 9 U.S.C. § 3
Relies on United States v. Olano · Moses H. Cone Memorial Hospital v. Mercury Construction Corp. · Arthur Andersen LLP v. Carlisle · Cornell & Company, Inc., a Corporation v. Barber & Ross Company, a Corporation · National Foundation for Cancer Research v. A.G. Edwards & Sons, Inc.
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“at the first available opportunity, typically in filing his first responsive pleading or motion to dismiss, has presumptively forfeited that right.”
2 later decisions quote this exact passage · from the majority“[a] defendant who delays seeking a stay pending arbitration until after his first available opportunity might still prevail on a later stay motion provided his delay did not prejudice his opponent or the court.”
1 later decision quote this exact passage · from the majority“a party who has actively participated in litigation or otherwise acted in a manner inconsistent with an intent to arbitrate”
1 later decision 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.