Edwards v. Costner’s Empirical Analysis

Citation profile

8 state decisions

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.

1. “"Initially, the party seeking to compel arbitration has the burden of proving the existence of a contract calling for arbitration and proving that that contract evidences a transaction involving interstate commerce. Polaris Sales, Inc. v. Heritage Imports, Inc., 879 So.2d 1129, 1132 (Ala.2003). The moving party `must "`produce some evidence which tends to establish its claim.'"' Wolff Motor Co. v. White, 869 So.2d 1129, 1131 (Ala.2003)(quoting Jim Burke Auto., Inc. v. Beavers, 674 So.2d 1260, 1265 (Ala.1995), quoting in turn In re American Freight Sys., Inc., 164 B.R. 341, 345 (D.Kan.1994)). Once the moving party has properly supported his or her motion to compel arbitration, the burden then shifts to the nonmovant to present evidence tending to show that the arbitration agreement is invalid or inapplicable to the case. Polaris Sales, 879 So.2d at 1132 ."”

   3 later decisions quote this exact passage
   e.g. JOE HUDSON COLLISION CENTER v. Dymond · Porter Capital Corp. v. Thomas

2. “"Intertwining is ‘where nonarbitrable claims are considered so intimately founded in and closely related to claims that are subject to the arbitration agreement that the party opposing arbitration is equitably estopped to deny the arbitrability of the related claims.' Ex parte Tony’s Towing, Inc., 825 So.2d 96, 97 (Ala.2002). This exception is applicable when a nonsignato-ry to the arbitration agreement attempts to claim the benefit of the arbitration agreement and to compel a signatory to arbitrate claims involving the signatory and nonsig-natory. See, e.g., Lewis v. Oakley, 847 So.2d 307 (Ala.2002); Ex parte Napier, 723 So.2d 49 (Ala.1998). It is not applicable, however, when [as in the present case,] a signatory attempts to compel a nonsignatory third party to arbitrate claims it may have against a signatory. [Our supreme court] explained the rationale for this distinction in Ex parte Tony's Towing [, 825 So.2d at 98 ]: " ‘We have heretofore addressed the doctrine of intertwining in situations where a nonsignatory to an arbitration agreement seeks arbitration over the objection of the signatory. In this case a signatory to the arbitration agreement seeks arbitration over the objection of the nonsignatory. [The signatory] argues that what is “sauce for the goose, is sauce for the gander." In other words, she argues that- if a nonsignatory can compel a plaintiff to arbitrate, then denying the plaintiff the right to compel a nonsignato-ry defendant to arbitrate is unfair. How”

   1 later decision quote this exact passage
   e.g. Porter Capital Corp. v. Thomas

3. ““ ‘Generally, “a nonsignatory to an arbitration agreement cannot be forced to arbitrate [his] claims.”’ Edward D. Jones & Co. v. Ventura, 907 So.2d 1035, 1042 (Ala.2005) (quoting Cook’s Pest Control, Inc. v. Boykin, 807 So.2d 524, 526 (Ala.2001)). However, arbitration agreements may be enforced against a nonsignatory third party under either a third-party-beneficiary theory or an intertwined-claims theory.” 4”

   1 later decision quote this exact passage
   e.g. Porter Capital Corp. v. Thomas