· 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 CourtListenerSourced 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.