Miller Brewing Co. v. Fort Worth Distributing Co.’s Empirical Analysis
781 F.2d 494 · 1986
Citation profile
43 federal appellate · 7 district · 37 state decisions
How this case has been cited
Cited by 170 later decisions (1 by the Supreme Court) — most recently June 2025 · most notably Hoxworth, Chiron Corporation v. Ortho Diagnostic Systems Inc (2000)
43 federal appellate · 7 district · 37 state decisions
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 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1738 · 9 U.S.C. § 2 · 9 U.S.C. § 9
Relies on Moses H. Cone Memorial Hospital v. Mercury Construction Corp. · Allen v. McCurry · Prima Paint Corp. v. Flood & Conklin Mfg. Co. · Bose Corp. v. Consumers Union of United States, Inc. · Inc v. Miller Brewing Company
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 170 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Waiver will be found when the party seeking arbitration substantially invokes the judicial process to the detriment or prejudice of the other party.”
13 later decisions quote this exact passage · from the majority“[w]aiver of arbitration is not a favored finding, and there is a presumption against it.”
7 later decisions quote this exact passage · from the majority“[a] party waives his right to arbitrate when he actively participates in a lawsuit or takes other action inconsistent with that right.”
5 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.