Mag Portfolio Consult, Gmbh v. Merlin Biomed Group LLC and Merlin Biomed Advisors LLC

How courts have described this case

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

• holding that a non-signatory may be bound where it “knowingly accepted the benefits of an agreement with an arbitration clause” and those benefits “flow[ed] directly from the agreement” (internal quotation marks omitted)
• holding this theory applies only when a nonsignatory “knowingly exploited [a] purchase contract and thereby received a direct benefit from the contract”
• stating that a non-signatory may be bound when it “knowingly exploit[ed] an agreement with an arbitration clause,” such as by “‘knowingly accept[ing] the ‘direct’ benefits’ of such an agreement”
• noting that nonsignatory who knowingly benefits from \an agreement with an arbitration clause can be estopped from avoiding arbitration despite having never signed the agreement\ (quoting Thomson-CSF , 64 F.3d at 778 )
• “Determining that veil piercing is appropriate is a ‘fact specific’ inquiry.”
• reversing district court’s holding that alter-ego exception did not apply because there was “precious little fact finding” on the issue

Source: CourtListener parenthetical corpus (CC0).