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· 9/6/1984

McBro Planning and Development Company and McCarthy Brothers Company, a Joint Venture v. Triangle Electrical Construction Company, Inc.

Citations

  • 741 F.2d 342
  • 1984 U.S. App. LEXIS 18866

How courts have described this case

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

  • recognizing that a nonsignatory may compel arbitration based on estoppel and the intertwined claims test
  • holding that plaintiff was estopped from opposing arbitration because its claims were “intimately founded in and intertwined with the underlying contract obligations”
  • stating that “it is well established that a party may not avoid broad language in an arbitration clause by attempting to cast its complaint in tort rather than in contract”
  • upholding an arbitration order because of the close relationship of the alleged wrongs to the underlying contractual duties
  • signatory equitably estopped from asserting that lack of written agreement precluded arbitration where basis of claim was breach of duties assigned under agreement that contained arbitration clause
  • non-signatory to contract containing arbitration clause was bound by signatory to arbitrate dispute where claims were inextricably intertwined with duties created in underlying contract and non-signatory signed a related contract which contained an arbitration clause

Source: CourtListener parenthetical corpus (CC0).

Judges: Godbold, Roney, Smith

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.