Hoxworth’s Empirical Analysis
Citation profile
10 federal appellate · 55 district · 21 state decisions
How this case has been cited
Cited by 206 later decisions — most recently March 2023 · most notably General Motors Corporation Pick-Up Truck Fuel Tank Products Liability Litigation 94-1064 94-1194 94-1195 94-1198 94-1202 94-1203 94-1207 94-1208 94-1219 (1995), Baby Neal v. Casey (1994)
10 federal appellate · 55 district · 21 state decisions — followed in 14 states
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. · Link v. Wabash Railroad · Missouri v. Continential Insurance Cos. · Affiliated Ute Citizens of Utah v. United States · National Hockey League v. Metropolitan Hockey Club, 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 206 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(A) lack of timeliness of the motion to arbitrate; (B) degree to which the party seeking to compel arbitration has contested the merits of its opponents’ claims; (C) whether the party has informed its adversary of the intention to seek arbitration even if it has not yet filed a motion to stay the district court proceedings; (D) the extent of its non-merits motion practice; (E) its assent to the district court’s pretrial orders; and (F) the extent to which both parties have engaged in discovery.”
8 later decisions quote this exact passage · from the majority“(1) the extent of the party’s personal responsibility; (2) the prejudice to the adversary caused by the failure to meet scheduling orders and respond to discovery; (3) a history of dilatoriness; (4) whether the conduct of the party or the attorney was willful or in bad faith; (5) the effectiveness of sanctions other than dismissal, which entails an analysis of alternative sanctions; and (6) the meritoriousness of the claim or defense.”
8 later decisions quote this exact passage · from the majority“"approved of cases finding waiver `where the demand for arbitration came long after the suit commenced and when both parties had engaged in extensive discovery.'. . . . [P]rejudice is the touchstone for determining whether the right to arbitrate has been waived. . . . ". . . [I]n this case defendants participated in numerous pretrial proceedings during the more than eleven months before Blinder, Robinson moved to compel arbitration. Defendants filed a motion to dismiss the complaint for failure to state a claim on which relief could be granted and a motion to disqualify plaintiffs' counsel; they took the deposition of each of the named plaintiffs, depositions that would not have been available in arbitration; . . . they inadequately answered plaintiffs' discovery requests, prompting plaintiffs to file two motions to compel the production of documents and answers to interrogatories, which defendants opposed; and they later moved for a stay of discovery. In addition, defendants consented to the district *Page 109 court's first pretrial order consolidating the three class actions, and they filed a lengthy memorandum in opposition to plaintiffs' motion for class certification. Only on December 21, 1988, after defendants' motion to dismiss the complaint was denied and plaintiffs' motion to compel discovery was granted, did Blinder, Robinson file its motion to compel arbitration. "Plaintiffs have characterized the prejudice they suffered from defendants' failure to raise arbitratio”
7 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.