Khan v. Dell Inc.’s Empirical Analysis
669 F.3d 350 · 2012
Citation profile
7 federal appellate · 2 district · 7 state decisions
Relationships
Applies 9 U.S.C. § 5
Relies on Moses H. Cone Memorial Hospital v. Mercury Construction Corp. · Volt Information Sciences Inc v. Board of Trustees of Leland Stanford Junior University · Green Tree Financial Corp.-Alabama v. Randolph · Mastrobuono v. Shearson Lehman Hutton, Inc. · Stolt-Nielsen S. A. v. AnimalFeeds International Corp.
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“if for any other reason there shall be a lapse in the naming of an arbitrator or arbitrators or umpire...then upon the application of either party to the controversy the court shall designate and appoint an arbitrator”
4 later decisions quote this exact passage · from the majority“any claim, dispute, or controversy ... shall be resolved exclusively and finally by binding arbitration administered by [NAF] under its Code of Procedure then in effect”
4 later decisions quote this exact passage · from the majority“as important a consideration as the agreement to arbitrate itself' (citation omitted)). ¶ 19. Under the integral-versus-ancillary test, a court must decline to appoint a substitute arbitrator if the parties' choice of arbitrator is " 'so central to the arbitration agreement that the unavailability of that arbitrator [brings] the agreement to an end.'”
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.