United States Court of Appeals, Second Circuit’s Empirical Analysis
1993
Citation profile
18 federal appellate · 17 district · 19 state decisions
How this case has been cited
Cited by 207 later decisions — most recently January 2022 · most notably McCarthy v. Azure (1994), Lipcon v. Underwriters at Lloyd's of London (1998)
18 federal appellate · 17 district · 19 state decisions — followed in 12 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 United Steelworkers v. Warrior & Gulf Navigation Co. · At&T Technologies, Inc. v. Communications Workers · Mitsubishi Motors Corporation v. Soler Chrysler-Plymouth Inc Soler Chrysler-Plymouth Inc · Piper Aircraft Co. v. Reyno · M/s Bremen v. Zapata off-Shore Company
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 207 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) if their incorporation into the agreement was the result of fraud or overreaching ...; (2) if the complaining party “will for all practical purposes be deprived of his day in court,” due to the grave inconvenience or unfairness of the selected forum ...; (3) if the fundamental unfairness of the chosen law may deprive the plaintiff of a remedy ...; or (4) if the clauses contravene a strong public policy of the forum state.”
21 later decisions quote this exact passage““ ‘It defies reason to suggest that a plaintiff may circumvent forum selection . . . merely by stating claims under laws not recognized by the forum selected in the agreement. A plaintiff would simply have to allege violations of his country’s tort law or his country’s statutory law or his country’s property law in order to render nugatory any forum selection clause that implicitly or explicitly required the application of the law of another jurisdiction. We refuse to allow a party’s solemn promise to be defeated by artful pleading.’ ” (Emphasis omitted.) Hugel v. Corp. of Lloyd’s, 999 F.2d 206, 211 (7th Cir. 1993), quoting Roby v. Corp. of Lloyd’s, 996 F.2d 1353, 1360 (2d Cir. 1993).”
5 later decisions quote this exact passage“[w]e find no substantive difference in the present context between the phrases 'relating to,' 'in connection with' or 'arising from'”
5 later decisions 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.