Scherk v. Alberto-Culver Co.
417 U.S. 506 · Decided June 17, 1974 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Scherk v. Alberto-Culver Co. was decided on June 17, 1974 by a vote of 5–4. The Court reversed the lower court's decision and remanded the case. Justice Potter Stewart wrote the opinion of the Court. SCDB classifies its main issue as “Election of remedies” in the Economic Activity area.
Read the opinion
Case details
- Citations
- 417 U.S. 506 · 94 S. Ct. 2449 · 41 L. Ed. 2d 270 · 1974 U.S. LEXIS 73
- Docket number
- 73-781
- Decided
- June 17, 1974
- Argued
- April 29, 1974
- Court era
- Burger Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Reversed and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 5–4
- Majority opinion
- Potter Stewart
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Certiorari
- Issue (SCDB)
- Election of remedies
- Issue area
- Economic Activity
- Legal provision
- 9 U.S.C. § 1
- Type of law
- Infrequently litigated statute
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William O. Douglas | Dissent | Wrote an opinion |
| Justice William J. Brennan Jr. | Dissent | |
| Justice Potter Stewart | Majority | Wrote an opinion |
| Justice Byron R. White | Dissent | |
| Justice Thurgood Marshall | Dissent | |
| Chief Justice Warren E. Burger | Majority | |
| Justice Harry A. Blackmun | Majority | |
| Justice Lewis F. Powell Jr. | Majority | |
| Justice William H. Rehnquist | Majority |
Full case caption
Scherk v. Alberto-Culver Co.
SCDB identifiers: case 1973-138, docket 1973-138-01.
Related decisions
Other cases on “Election of remedies”
- Sea-Land Services, Inc. v. Gaudet
- Vella v. Ford Motor Co.
- Intercounty Construction Corp. v. Walter
- Day & Zimmermann, Inc. v. Challoner
- Executive Jet Aviation, Inc. v. City of Cleveland
- United States v. United Continental Tuna Corp.
Cases on the same legal provision: 9 U.S.C. § 1
- Prima Paint Corp. v. Flood & Conklin Mfg. Co.
- Dean Witter Reynolds Inc. v. Byrd
- Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.
- Shearson/american Express Inc. v. McMahon
- Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior University
- Bernhardt v. Polygraphic Company of America, Inc.
Same Term, same area (Economic Activity)
- Merrill Lynch v. Ware
- North Dakota State Board of Pharmacy v. Snyder's Drug Stores, Inc.Altered precedent
- National Railroad Passenger Corp. v. National Association of Railroad Passengers
- Sea-Land Services, Inc. v. Gaudet
- Federal Power Commission v. New England Power Co.
- Teleprompter Corp. v. Columbia Broadcasting System, Inc.
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error