H. S. Enterprises, Inc. v. Global Enterprises, 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 a delegation provision was invalid because by selecting tribal law in the choice of law provision, the arbitration agreement deprived plaintiff of any contract formation defenses
• cautioning that lower courts “cannot ignore the [United States] Supreme Court’s explicit guidance simply by labeling it ‘dicta’”
• explaining that the prospective waiver doctrine is a “generally applicable [contract] defense” (emphasis added)
• explaining that lower federal courts “cannot ignore the Supreme Court’s explicit guidance simply by labeling it ‘dicta[,]’” and are in fact “obliged to afford great weight to Supreme Court dicta.” (citations omitted)
• explaining that the agreements mandate the exclusive application of tribal law
• invalidating arbitration agreement where it effectively dictated the “exclusive application of tribal law in arbitration”

Source: CourtListener parenthetical corpus (CC0).