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3 canonical passages across 2 cases, quoted by 28 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Matter of Merchants Preferred Ins. Co. v. Waldo.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | Matter of Merchants Preferred Ins. Co. v. Waldo Anchor | green | “thereafter, the burden shifts to the party opposing the stay to rebut the prima facie showing” | 12 |
| 2 | Hertz Corp. v. Holmes | green | “the party seeking a stay of arbitration has the burden of showing the existence of sufficient evidentiary facts to establish a preliminary issue which would justify the stay” | 9 |
| 3 | Hertz Corp. v. Holmes | green | “where a triable issue of fact is raised, the supreme court, not the arbitrator, must determine it in a framed-issue hearing, and the appropriate procedure under such circumstances is to temporarily stay arbitration pending a determination of the issue” | 7 |
A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.