Great Earth Companies, Inc., and Great Earth International Franchising Corp. v. Richard Simons and Kimberly Simons

How courts have described this case

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

• holding that when agreement includes severability provision, intent of the parties and policy in favor of arbitration dictate that rest of agreement should be held enforceable
• recognizing that the party opposing arbitration under the FAA must show that a genuine issue of material fact exists as to the arbitration agreement’s validity
• holding that if the Court is satisfied that the agreement to arbitrate is not “in issue,” it must compel arbitration
• holding that when an agreement includes a severability provision, the intent of the parties and the policy in favor of arbitration dictate that the rest of agreement should be held enforceable
• holding that the burden is on “the party opposing arbitration [to] show a genuine issue of material fact as to the validity of the agreement to arbitrate” and that this requirement mirrors the standards applied to summary judgment
• noting that the Court must resolve “any ambiguities in the contract or doubts as to the parties’ intentions” in favor of arbitration

Source: CourtListener parenthetical corpus (CC0).