Cruz v. Cingular Wireless, LLC’s Empirical Analysis
648 F.3d 1205 · 2011
Citation profile
4 federal appellate · 7 state decisions
Relationships
Applies 9 U.S.C. § 1 (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 · Hines v. Davidowitz · Gilmer v. Interstate/Johnson Lane Corp. · Dean Witter Reynolds Inc. v. Byrd
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.
“[On] the facts of this case, we believe that faithful adherence to Concepcion requires the rejection of the Plaintiffs’ argument. The Plaintiffs’ evidence goes only to substantiating the very public policy arguments that were expressly rejected by the Supreme Court in Concepcion — namely, that the class action waiver will be exculpatory, because most of these small-value claims will go undetected and unprosecuted. The Court observed that California’s Discover Bank rule too had “its origins in California’s unconscionability doctrine and California’s policy against exculpation.” Concepcion, 131 S.Ct. at 1746 . Indeed, the Concepcion consumer-plaintiffs’ brief to the Supreme Court repeatedly emphasized that California’s rule was a “fact-specific” inquiry that only screened out class action bans “in circumstances where they would ... be exculpatory.””
4 later decisions quote this exact passage · from the majority“States cannot require a procedure that is inconsistent with the FAA, even if it is desirable for unrelated reasons.” Id. 9 . The contract also contained a changes-to-agreement clause. Id. at 1207 n. 4. The Court cited and applied the revised version of the arbitration provision, pursuant to the changes-to-agreement clause. Id. 10 . We explained,”
4 later decisions quote this exact passage · from the majority“presented a factual record not present in Concepcion,” in the form of affidavits of attorneys who”
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.