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· 5/11/1995

Fed. Sec. L. Rep. P 98,720 Oppenheimer & Co., Inc. v. Ferdinand A. Neidhardt, and Erich Hoepfer, Stephen Rothchild Desimone

Citations

  • 56 F.3d 352
  • 1995 U.S. App. LEXIS 10896

How courts have described this case

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

  • holding that the non-moving party may not satisfy the burden of demonstrating that an agreement to arbitrate was made through “general denials of the facts on which the right to arbitration depends”
  • “it is not sufficient for the party opposing arbitration to utter general denials of the facts on which the right to arbitration depends.”
  • motions to compel arbitration require \a showing of evidentiary facts\
  • “If the party seeking arbitration has substantiated the entitlement by a showing of evidentiary facts, the party opposing may not rest on a denial but must submit evidentiary facts showing that there is a dispute of fact to be tried.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Mahoney, Leval, Calabresi

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.