Allen v. Pacheco’s Empirical Analysis
2003
Citation profile
4 federal appellate · 6 district · 38 state decisions
How this case has been cited
Cited by 50 later decisions — most recently September 2023 · most notably In Re Labatt Food Service, L.P. (2009), 50 Cal. 4th 838 - Ruiz v. Podolsky (2010)
4 federal appellate · 6 district · 38 state decisions — followed in 10 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 15 U.S.C. § 1012 (§ 2 of the McCarran-Ferguson Act) · 9 U.S.C. § 1 (Federal Arbitration Act) · 9 U.S.C. § 2
Relies on Moses H. Cone Memorial Hospital v. Mercury Construction Corp. · Southland Corp. v. Keating · Allied-Bruce Terminix Cos., Inc. v. Dobson · Doctor's Associates, Inc. v. Casarotto · Perry v. Thomas
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'positive assurance' that the arbitration clause is not susceptible of any interpretation that encompasses the subject matter of the dispute.”
4 later decisions quote this exact passage · from the majority“[i]t is the intent of the general assembly that an arbitration agreement be a voluntary agreement between a patient and a health care provider and no medical malpractice insurer shall require a health care provider to utilize arbitration agreements as a condition of providing medical malpractice insurance to such health care provider. Making the use of arbitration agreements a condition to the provision of medical malpractice insurance shall constitute an unfair insurance practice ... 15”
2 later decisions quote this exact passage · from the majority“constru[ing] an arbitration provision expressly purporting to bind not only the signatory, but also certain non-parties who are in privity with the signatory, namely 'an heir or personal representative or ... a person claiming that a duty to him or her arises from a Member's relationship with [Kaiser]'”
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.