Peterson v. Shearson/American Express, Inc.’s Empirical Analysis
849 F.2d 464 · 1988
Citation profile
25 federal appellate · 21 district · 16 state decisions
How this case has been cited
Cited by 80 later decisions — most recently November 2023 · most notably 31 Cal. 4th 1187 - Saint Agnes Medical Center v. PacifiCare of California (2003), Metz v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1994)
25 federal appellate · 21 district · 16 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 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934) · 28 U.S.C. § 1292
Relies on Moses H. Cone Memorial Hospital v. Mercury Construction Corp. · Chevron Oil Co. v. Huson · Dean Witter Reynolds Inc. v. Byrd · Wilko v. Swan · Shearson/American Express Inc. v. McMahon
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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“before the party notified the opposing party of an intent to arbitrate; (3) whether a party either requested arbitration enforcement close to the trial date or delayed for a long period before seeking a stay; (4) whether a defendant seeking arbitration filed a counterclaim without asking for a stay of the proceedings; (5)”
22 later decisions quote this exact passage · from the concurrence“There is a strong federal policy favoring arbitration for dispute resolution.”
7 later decisions quote this exact passage · from the majority“[w]hen a contract mandates arbitration, courts generally will enforce the arbitration clause absent a waiver”
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.