Express Scripts, Inc. v. Aegon Direct Marketing Services, Inc.

How courts have described this case

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

• holding that because a party failed to raise an issue to the district court or in its appeal briefs and because our circuit had not ever addressed the issue, the argument was waived
• declining to address whether AAA Rules in effect at the time of dispute incorporates Rule 7(a)’s jurisdictional delegation of arbitrability where the AAA did not contain jurisdictional delegation at contract formation
• “A dispute like the one here—over whether the parties agreed to arbitrate—will be resolved by the district court unless the parties clearly and unmistakably provide otherwise.”

Source: CourtListener parenthetical corpus (CC0).