· 4/19/2004
Banc One Acceptance Corp. v. Hill
Citations
- 367 F.3d 426
- 2004 U.S. App. LEXIS 7518
- 2004 WL 831240
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[Plaintiff] does not challenge the ‘very existence’ of the contract. . . . Instead, [Plaintiff] asserts that the arbitration clause is ‘procedurally unconscionable[.]’”
- “where the ‘very existence of a contract’ containing the relevant arbitration agreement is called into question, the federal courts have authority and responsibility to decide the matter.”
- where the very existence of a contract containing an arbitration provision is at issue, federal courts have the authority and responsibility to decide the matter, and where no valid arbitration agreement exists, arbitrator is without authority to decide anything
- discussing Court’s reasoning in Prima Paint
- arbitration under the Federal Arbitration Act
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones, Garza, Benavides
Read full opinion on CourtListenerSourced 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.