Mcallister Brothers, Inc. v. A & S Transportation Co.

How courts have described this case

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

• stating that a court may not “compel arbitration unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute” (emphasis added)
• noting the “established law of this circuit that a party may be bound by an agreement to arbitrate even in the absence of a signature”
• whether affiliates of a contracting party are bound by the arbitration clause is a matter that must be tried by the court
• “[T]he district court was required to hold an evidentiary hearing on [the] claim that [the nonsignatory ‘affiliates’] were bound by the contract”
• whether affiliates of a contracting party are bound by the arbitration clause is a matter that must be tried by the court
• established law of the Second Circuit is that parties may be bound to unsigned arbitration agreement

Source: CourtListener parenthetical corpus (CC0).