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· 10/18/2002

Ace Capital Re Overseas Ltd. v. Central United Life Insurance Company

Citations

  • 307 F.3d 24
  • 2002 U.S. App. LEXIS 21715
  • 2002 WL 31340708

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that the language “any right of action hereunder” was, at least when paired with other more expansive language in the arbitration agreement, broad enough to include a contractual fraudulent inducement claim
  • noting that “nearly all of the circuits have now disapproved any 25 heightened pleading standard in cases other than those governed by Rule 9(b)”
  • noting that In re Kinoshita has frequently been limited to its facts, is inconsistent with federal policy, and yields questionable authority
  • noting that “nearly all of the circuits have now disapproved any 25 heightened pleading standard in cases other than those governed by Rule 9(b)”
  • noting that if an arbitration clause is deemed broad and claims asserted “touch matters” within agreement to arbitrate, those claims are subject to arbitration
  • noting that “nearly all of the circuits have now disapproved any 28 heightened pleading standard in cases other than those governed by Rule 9(b)”

Source: CourtListener parenthetical corpus (CC0).

Judges: Winter, Sotomayor, Koeltl

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.