· 6/9/1998
First Liberty Investment Group v. Eric Scott Nicholsberg
Citations
- 145 F.3d 647
- 1998 U.S. App. LEXIS 12506
- 1998 WL 297503
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a dispute between an employer and a former employee regarding the employee’s alleged breach of his employment contract fell within the scope of the parties’ arbitration agreement
- finding that the contractual language is not dispositive of an agency relationship, rather “the parties’ total relationship” controls
- determining that a party agreed to arbitration where the contract provided: “I agree to arbitrate any dispute, claim or controversy that may arise between me and my firm”
- rejecting tyranny of labels in arbitration matter, considering characterization in agreement and indicating “[w]hat rather controls is the parties’ total relationship.”
- applying the epigram to conclude that an employer could not escape an arbitration clause by labeling an employee as an \independent contractor\
- member of self-regulating association is bound by association’s regulations
Source: CourtListener parenthetical corpus (CC0).
Judges: Stapleton, Alito, Shadur
Read full opinion on CourtListenerSourced 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.