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· 2/18/2005

Joseph J. Simon v. Pfizer Incorporated

Citations

  • 398 F.3d 765
  • 22 I.E.R. Cas. (BNA) 858
  • 34 Employee Benefits Cas. (BNA) 1673
  • 2005 U.S. App. LEXIS 2881
  • 2005 WL 383709

How courts have described this case

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

  • holding that plaintiffs claims were not covered where the claims “require consideration of some factual issues that are subject to arbitration, but ... have independent legal bases,” including establishing “termination for gross misconduct” as opposed to “termination for Just Cause”
  • noting that the scope of arbitration provisions is confined to the scope of the two sections that provide for arbitration
  • holding ERISA and COBRA claims were not within the scope of an arbitration provision where the agreement did not refer to either.
  • “When faced with a broad arbitration clause, such as one covering any dispute arising out of an agreement, a court should follow the presumption of arbitration and resolve doubts in favor of arbitration.”
  • “[B]ecause Pfizer appeals, in part on the District Court’s refusal to enforce, through dismissal or stay, an agreement to arbitrate, this Court has independent jurisdiction over that question under the Federal Arbitration Act (“FAA”
  • interpreting “any dispute arising out of an agreement” broadly

Source: CourtListener parenthetical corpus (CC0).

Judges: Siler, Rogers, Forester

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.