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· 9/20/2012

Carter v. SSC Odin Operating Company

Citations

  • 2012 IL 113204
  • 976 N.E.2d 344

How courts have described this case

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

  • holding that lallthough a wrongful-death action is dependent upon the decedent's entitlement to maintain an action for his or her injury, had death not ensued, neither the Wrongful Death Act SUPREME COURT OF NEVADA (0
  • holding the benefits exchanged by parties to a contract do not have to be equivalent to establish consideration
  • noting that a wrongful death action is brought for the benefit of the surviving spouse and next of kin who are the true parties in interest
  • rejecting the argument that a wrongful-death action is “a true asset of the decedent’s estate” and can therefore be limited by the decedent’s agreement to arbitrate
  • adjudicating plaintiff’s request that arbitration agreement be deemed unenforceable as a matter of law
  • valid consideration where one party promises to arbitrate disagreements in exchange for other party’s promise to pay arbitrators’ and attorneys’ fees

Source: CourtListener parenthetical corpus (CC0).

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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.