Kramer v. Hammond’s Empirical Analysis
943 F.2d 176 · 1991
Citation profile
21 federal appellate · 5 district · 12 state decisions
How this case has been cited
Cited by 81 later decisions — most recently May 2022 · most notably Doctor's Associates, Inc. v. Distajo (1995), Doctor's Associates, Inc. v. Emily Distajo (1997)
21 federal appellate · 5 district · 12 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
Relies on Moses H. Cone Memorial Hospital v. Mercury Construction Corp. · Poland v. Arizona · Orchards v. United States · Rush III v. Oppenheimer & Co · Sweater Bee by Banff, Ltd. v. Manhattan Industries, Inc.
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 81 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Prejudice can be substantive, such as when a party loses a motion on the merits and then attempts, in effect, to relitigate the issue by invoking arbitration, or it can be found when a party too long postpones his invocation of his contractual right to arbitration, and thereby causes his adversary to incur unnecessary delay or expense.”
12 later decisions quote this exact passage · from the majority“more than justified the litigation that preceded the demand for arbitration”
2 later decisions quote this exact passage · from the majority“Though the resistance to the assertion of personal jurisdiction in South Carolina might not alone have established waiver of arbitration, the extensive litigation in New York, where jurisdiction was not in doubt, substantially augmented the total delay and expense and focused on the merits of the dispute, thereby establishing waiver.”
1 later decision 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.