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· 8/11/2014

Lincoln Griswold v. Coventry First LLC

Citations

  • 762 F.3d 264
  • 2014 WL 3892995
  • 2014 U.S. App. LEXIS 15362

How courts have described this case

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

  • “Pendent appellate jurisdiction exists where an appealable issue is so ‘inextricably intertwined’ with a nonappealable issue that one cannot resolve the former without addressing the latter.”
  • because Plaintiff stated “a fraud antecedent to the purchase agreement,” his claim was not inextricably intertwined with the underlying Agreement and was thus not subject to its arbitration provision
  • “Both Georgia and Pennsylvania law allow non-signatories to be bound to an arbitration agreement.”
  • the knowingly exploits theory prevents non-signatory who seeks to enforce a contract’s provisions from excluding any arbitration clause; it prevents non-signatory from “‘cherry-picking’” provisions of a contract benefiting them but avoiding other provisions
  • “Equitable estoppel thus prevents a non-signatory from cherry-picking the provisions of a contract that it will benefit from and ignoring other provisions that don’t benefit it or that it would prefer not to be governed by (such as an arbitration clause).”
  • using the term “equitable estoppel” instead of direct benefits estoppel

Source: CourtListener parenthetical corpus (CC0).

Judges: Ambro, Hardiman, Greenaway

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.