· 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 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.