· 3/30/2011
Dialysis Access Center, LLC v. RMS Lifeline, Inc.
Citations
- 638 F.3d 367
- 2011 WL 1139144
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that \any dispute\ within agreement at issue was sufficiently broad in scope to include party's fraudulent inducement claim
- noting that voidability is a matter of validity
- assuming arguendo that the arbitration clause established a condition precedent to arbitration, even though it was disputed between the parties, and holding that the arbitrator must decide whether the parties complied with such a procedural pre-requisite to arbitration
- assuming arguendo that the arbitration clause established a condition precedent to arbitration, even though it was disputed between the parties, and holding that the arbitrator must decide whether the parties complied with such a procedural pre-requisite to arbitration
- agreement to arbitrate “any dispute that may arise under” contract applied to claim of fraud in performance of contract
- “[D]ue regard must be given to the federal policy favoring arbitration, and ambiguities as to the scope of the arbitration clause itself resolved in favor of arbitration.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Torruella, Leval, Thompson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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