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← 730 SO2D 1175 - Ex Parte Rush

Ex Parte Rush’s Empirical Analysis

1999

Citation profile

21
cited by 21 later decisions
1
states following
April 2017
most recently cited

20 state decisions

How this case has been cited

Cited by 21 later decisions — most recently April 2017

20 state decisions

130199920002010decided

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 9 U.S.C. § 1 (Federal Arbitration Act)

Relies on Allied-Bruce Terminix Cos., Inc. v. Dobson · Reed v. State · McNaughton v. United Healthcare Services, Inc. · 644 So. 2d 1258 - Old Republic Ins. Co. v. Lanier · 727 So. 2d 2 - Georgia Power Co. v. Partin

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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"Whether a contract exists must be determined under general state-law contract principles. Crown Pontiac, Inc. v. McCarrell, 695 So.2d 615 (Ala.1997). The purpose of a signature on a contract is to show mutual assent, see Ex parte Holland Mfg. Co., 689 So.2d 65 (Ala. 1996); Lawler Mobile Homes, Inc. v. Tarver, 492 So.2d 297 (Ala.1986); Ex parte Pointer, 714 So.2d 971 (Ala.1997); however, the existence of a contract may also be inferred from other external and objective manifestations of mutual assent. Unless a contract is required by a statute to be signed (the FAA contains no such requirement), or by the Statute of Frauds to be in writing (the contract here is not subject to Alabama's Statute of Frauds, Ala.Code 1975, § 8-9-2, which requires the signature of the party against whom enforcement is sought), or unless the parties agree that a contract is not binding until it is signed by both of them (there is no evidence of such an agreement), it need not be signed by the party against whom enforcement is sought, provided it is accepted and acted upon."”
    8 later decisions quote this exact passage
  2. “[T]he FAA requires only that there be a `written provision' in a `contract'; it does not specify that a party's assent to the terms of a contract containing an arbitration provision can be evidenced only by that party's signature.”
    3 later decisions quote this exact passage
  3. “[An] employee[] of a signatory to the contract[] ha[s] standing to enforce the arbitration provision.”
    2 later decisions quote this exact passage

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.