· 3/11/1998
MCI Telecommunications Corp. v. Exalon Industries, Inc.
Citations
- 138 F.3d 426
- 1998 U.S. App. LEXIS 5921
- 1997 WL 853077
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- analogizing to defendant who questions personal jurisdiction, does not appear, and plaintiff obtains default judgment; if court later finds personal jurisdiction, defendant must abide by default judgment
- a person who has not been a party to the arbitration is not bound by section 12 from arguing that there was no agreement to arbitrate
- arbitration agreements are \embodied in whatever contract [the parties] may have entered into\
- arbitration agreements are “embodied in whatever contract [the parties] may have entered into”
- \no indication that Congress intended for a party to be found to have waived the argument that there was no written agreement to arbitrate if that party failed to raise the argument within the time period established by section 12 [of the FAA]\
- “no indication that Congress intended for a party to be found to have waived the argument that there was no written agreement to arbitrate if that party failed to raise the argument within the time period established by section 12 [of the FAA]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Torruella, Campbell, Lynch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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