McKee v. Hendrix’s Empirical Analysis
2001
Citation profile
8 state decisions
Relationships
Applies 9 U.S.C. § 1 (Federal Arbitration Act) · 9 U.S.C. § 10 (Federal Arbitration Act)
Relies on United Steelworkers of America v. Enterprise Wheel and Car Corp · At&T Technologies, Inc. v. Communications Workers · Mastrobuono v. Shearson Lehman Hutton, Inc. · O.R. Securities, Inc. v. Professional Planning Associates, Inc. · Saxis Steamship Co., Owners of the Ss Warm Springs v. Multifacs International Traders, Inc. v. American Renaissance Lines, Inc., Petitioner-Intervenor-Appellant
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Assuming that the arbitrator was precluded by the Warranty Agreement from awarding damages on the Hendrixes' claim for mental-anguish damages, we conclude that the defendants failed to timely and adequately apprise the arbitrator or the Hendrixes of their position on this issue. . . . We cannot say that the defendants properly or adequately apprised the arbitrator of their argument that he should not consider the claim for damages for mental anguish. Therefore, we affirm the trial court's refusal to vacate that portion of the arbitration award awarding damages for mental anguish.”
1 later decision quote this exact passage“"On motions to confirm or to vacate an award, it is not the function of courts to agree or disagree with the reasoning of the arbitrators. Courts are only to ascertain whether there exists one of the specific grounds for vacation of an award. A court cannot set aside the arbitration award just because it disagrees with it; a policy allowing it to do so would undermine the federal policy of encouraging the settlement of disputes by arbitration."”
1 later decision quote this exact passage“(3) Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced.”
1 later decision 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.