Case Citator › Sparling v. Hoffman Construction Company, Inc.

Sparling v. Hoffman Construction Company, Inc.

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

Overruled in part
Court
Ninth Circuit
Citation
864 F.2d 635
Decided
Confirmed treatments
1
Flagged citations read
33 of 33
Citing cases (total)
33
Treatment dates
2024
Overruled in part
A reviewed court has overruled part of this case’s holding. Sparling v. Hoffman Construction Company, Inc. was overruled in part on its arbitration procedure rule. In Smith v. Spizzirri, the Supreme Court identified Sparling among decisions allowing dismissal of an arbitrable suit, then held that the Federal Arbitration Act requires a stay when a party requests one.
More on how this was screened

Sparling's separate rulings on shareholder RICO standing, pleading, venue, and attorney fees were not addressed by Smith. All 33 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.

33 later cases cite Sparling v. Hoffman Construction Company, Inc.; 33 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 Sparling v. Hoffman Construction Company, 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 Supreme Court rejected Sparling's rule allowing dismissal of an arbitrable suit when a party requests a stay.

    Smith v. Spizzirri · Supreme Court of the United States · filed

    When a federal court finds that a dispute is subject to arbitration, and a party has requested a stay of the court proceeding pending arbitration, the court does not have discretion to dismiss ... Sparling v. Hoffman Constr. Co., 864 F. 2d 635, 637–638 (CA9 1988) (same).
    Read the full opinion on CourtListener →

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