· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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