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· 8/10/1998

John Hancock Mutual Life Insurance Company John Hancock Distr Larry Carter v. Thomas W. Olick

Citations

  • 151 F.3d 132
  • 1998 U.S. App. LEXIS 18357
  • 1998 WL 460175

How courts have described this case

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

  • holding that the district court, rather than the arbitrators, should have decided the preclusive effect of the district court’s earlier judgment on the merits
  • holding that a “res judicata objection based on [a] prior arbitration is an issue to be arbitrated and is not to be decided by the courts.”
  • holding res judicata objection based on prior arbitration is issue to be arbitrated under National Association of Securities Dealers arbitration procedures
  • noting that in addition to asking the arbitration panel to dismiss the claim based on res judicata, “Hancock filed a complaint in the District Court,” and thus the arbitration proceeding is still pending
  • describing “the threshold questions a district court must answer before compelling or enjoining arbitration .... ”
  • asserting the FAA was enacted to make agreements to arbitrate enforceable to the same extent as other contracts

Source: CourtListener parenthetical corpus (CC0).

Judges: Scirica, Nygaard, Seitz

Read full opinion on CourtListener

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.