Fit Tech, Inc. v. Bally Total Fitness Holding Corp.

How courts have described this case

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

• holding that “common incidents” of classic arbitration include a final, binding remedy by a third party, “an independent adjudicator, substantive standards, ... and an opportunity for each side to present its case”
• holding that “common incidents” of classic arbitration include a final, binding remedy by a third party, “an independent adjudicator, substantive standards, . . . and an opportunity for each side to present its case”
• noting that the Ninth Circuit decision in Wasyl “assumed without real analysis that state law governed”
• noting that the purchase agreement made the “accountant remedy” “final,” even if it was doubtful that the remedy was “any more final than ordinary arbitration,” but that the court need not decide that issue
• exercising appellate jurisdiction under 9 U.S.C. § 16 (a) where district court denied party's motion to compel an accounting remedy
• finding the “opportunity to be heard” incident of arbitration was satisfied by a provision that provided for “written submissions” by the parties

Source: CourtListener parenthetical corpus (CC0).