Case Citator › Barrowclough v. Kidder, Peabody & Co., Inc.

Barrowclough v. Kidder, Peabody & Co., Inc.

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Third Circuit
Citation
752 F.2d 923
Decided
Confirmed treatments
1
Flagged citations read
57 of 57
Citing cases (total)
57
Treatment dates
1993
Overruled in part
A reviewed court has overruled part of this case’s holding. Overruled in part — The Third Circuit overruled Barrowclough v. Kidder, Peabody & Co., Inc. only on its rule barring arbitration of statutory ERISA claims. The court expressly preserved Barrowclough’s other holdings.
More on how this was screened

All 57 flagged citations have been read; the confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

57 later cases cite Barrowclough v. Kidder, Peabody & Co., Inc.; 57 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Barrowclough v. Kidder, Peabody & Co., Inc.?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Third Circuit overruled Barrowclough’s refusal to arbitrate statutory ERISA claims in light of intervening Supreme Court decisions, while leaving its other holdings in force.

    Pritzker v. Merrill Lynch, Pierce, Fenner & Smith, Inc. · Third Circuit · filed

    We hasten to note that we overrule Barrowclough only with regard to its holding that statutory claims are not subject to arbitration, and the reasoning we employed in reaching that conclusion. Barrowclough remains the law of this circuit in other respects; indeed, we continue to cite portions of the opinion as authoritative in connection with our disposition of some of the issues presented in this appeal.
    Read the full opinion on CourtListener →

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