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· 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 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.