Court of Appeals of North Carolina· 4/19/2016
Epic Games, Inc. v. Murphy-Johnson
Citations
- 785 S.E.2d 137
- 247 N.C. App. 54
- 2016 WL 1569335
- 2016 N.C. App. LEXIS 434
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the parties “incorporation of the AAA rules demonstrate[s] that the parties agreed the arbitrator should decide issues of substantive arbitrability”
- noting that the North Carolina Act “dictate[s] that arbitration is strictly a matter of contract”
- finding that a clause that requires that arbitration be “conducted pursuant to” the AAA Rules incorporates these rules
- concluding similar language indicated that the parties sought to delegate issues of substantive arbitrability to the arbitrator
- observing that the FAA standard of “clear and unmistakable evidence” is “a more exacting standard than currently exists when interpreting arbitration clauses subject to the [North Carolina Act]”
- declining to determine whether the FAA or the North Carolina Act applied because “[u]nder either law, the plain language of the arbitration clause, properly interpreted, delegates the threshold issue of substantive arbitrability to the arbitrator – not to the trial court”
Source: CourtListener parenthetical corpus (CC0).
Judges: Calabria
Read full opinion on CourtListenerCited by
13 cases in this archive cite this case.
- Earnhardt Plumbing, LLC v. Thomas BuildersCourt of Appeals of North Carolina· 2023-10-17
- Ap Atl., Inc. v. Crescent Univ. City Venture, LLCNorth Carolina Business Court· 2016-07-28
- Martin & Jones, Pllc v. OlsonNorth Carolina Business Court· 2017-09-25
- Local Social, Inc. v. StallingsNorth Carolina Business Court· 2017-10-09
- Hall v. DancyNorth Carolina Business Court· 2018-06-27
- Worldwide Ins. Network, Inc. v. Messer Fin. Grp., Inc.North Carolina Business Court· 2018-10-02
- Cherokee South End, LLC v. Pap Invs. Scaleybark, LLCNorth Carolina Business Court· 2018-10-12
- Rickenbaugh v. Power Home Solar, LLCNorth Carolina Business Court· 2019-12-20
- Howell v. HeafnerNorth Carolina Business Court· 2020-09-11
- Premier Athlete Advisors LLC v. Entersports MGT LLCCourt of Appeals of North Carolina· 2025-11-05
- Earnhardt Plumbing, LLC v. Thomas Builders, Inc.Court of Appeals of North Carolina· 2025-11-19
- Reynolds v. Devotion Fam., LLCCourt of Appeals of North Carolina· 2025-12-03
- Moore v. BrooksNorth Carolina Business Court· 2026-06-09
Cites
5 cases in this archive are cited by this case.
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court· 1983-02-23· cited 9,657×
- Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court· 1989-03-06· cited 2,861×
- King v. BryantCourt of Appeals of North Carolina· 2013-02-05· cited 21×
- T.M.C.S., Inc. v. Marco Contractors, Inc.Court of Appeals of North Carolina· 2015-12-01· cited 16×
- Bailey v. Ford Motor Co.Court of Appeals of North Carolina· 2015-12-15· cited 8×
Sourced from CourtListener / Free Law Project (CC0).
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