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· 9/18/2007

Automobile Mechanics Local 701 Welfare & Pension Funds v. Vanguard Car Rental USA, Inc.

Citations

  • 502 F.3d 740
  • 42 Employee Benefits Cas. (BNA) 2015
  • 182 L.R.R.M. (BNA) 2737
  • 2007 U.S. App. LEXIS 22217
  • 2007 WL 2701985

How courts have described this case

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

  • holding that Advanced Lightweight did not foreclose a post-expiration ERISA claim for delinquent contributions
  • explaining that “[§] 1132(e) complements § 1145 by authorizing certain par- ties to enforce the substantive right”
  • concluding district court could not enforce arbitration clause when “litigants turn[ed] their back on their right to enforce” it
  • Construing an implicit waiver of arbitration because defendant’s “response to the complaint...did not deny plaintiffs’ allegation that venue was proper...[and] [defendant’s] motion for summary judgment. ..said nothing about venue or arbitration.”
  • “Enforcement of a forum selection clause (including an arbitration clause) is not jurisdictional; it is a waivable defense that [defendant], in fact, waived.”
  • “Enforcement of a forum selection clause (including an arbitration clause) is not jurisdictional. . . .”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ripple, Wood, Evans

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.