Kentucky Refining Co. v. Schutz

How courts have described this case

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

• finding that “[v]irtually every circuit to have considered the issue has determined that incorporation of the [AAA] rules constitutes clear and unmistakable evidence that the parties agreed to arbitrate arbitrability”
• finding that “[v]irtually every circuit to have considered the issue has determined that incorporation of the [AAA] rules constitutes clear and unmistakable evidence that the parties agreed to arbitrate arbitrability” (citation omitted)
• focusing on plaintiff's factual allegations rather than plaintiff's choice of labeling for its causes of action
• declining to address argument 7 Plaintiff argues that Defendants have not met their burden of showing the existence of an arbitration agreement. (P’s Opp. at 16-17.
• “In exercising [the discretion to sever a case], courts typically consider the same general factors elucidating the § 1404(a) analysis.”
• “[A provision permitting the unilateral amendment of any term of contract does not, without more, render a separate provision, such as an arbitration provision, unenforceable on procedural grounds.”

Source: CourtListener parenthetical corpus (CC0).