· 3/27/2014
Cynthia Huffman v. The Hilltop Companies
Citations
- 747 F.3d 391
- 22 Wage & Hour Cas.2d (BNA) 508
- 2014 WL 1243795
- 2014 U.S. App. LEXIS 5587
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that arbitration clause did not expire despite parties’ failure to list it in the contract’s survival clause
- holding that arbitration clause survived termination even when 15 agreement’s survival clause did not include arbitration clause
- holding “parties did not clearly intend for [a] survival clause to serve as an exhaustive list of the provisions that would survive” because a “non-compete clause remain[ed] in effect for twelve months after expiration, yet it [was] not listed in the survival clause”
- rejecting the expressio unius argument that the omission of an arbitration clause from a survival clause in an agreement constituted a clear implication that the parties intended the arbitration clause to expire with the agreement
- discussing “the strong federal policy” and “strong presumption in favor of arbitration”
- broadly worded arbitration clause in employment agreement applied after expiration of contract, even though it (and noncompete, severability, and integration clauses
Source: CourtListener parenthetical corpus (CC0).
Judges: Gilman, Coor, McReague
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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