· 1/3/2020
John Davis Torres v. State
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that § 16(a) allows review of a denial of a motion to strike class-action allegations
- “Requesting that a court dispose of a case on the merits before reaching arbitration is inconsistent with resolving the case through arbitration and also counts as substantially invoking the litigation machinery.”
- holding an arbitration provision was not illusory where any modification required separate “acknowledgment and agreement” of that modification through an unconditioned duty to notice the change and the customer’s continued use following said notice
- noting that a valid arbitration clause requires mutuality of agreement
- affirming determination that a document called an “Agreement” was incorporated by reference when “Agreement” was given a more specific definition elsewhere in the contract
- appellate court has jurisdiction to review the entire district court order on appeal from denial of a motion to compel arbitration
Source: CourtListener parenthetical corpus (CC0).
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.