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· 2/26/2013

Mehdi Noohi v. Toll Bros., Inc.

Citations

  • 708 F.3d 599
  • 2013 WL 680690
  • 2013 U.S. App. LEXIS 4188

How courts have described this case

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

  • concluding that an arbitration clause \lacks mutuality of consideration\ because it \binds only Plaintiffs to arbitration\
  • noting that the use of passive voice as in “it is agreed” would refer to a mutual agreement to submit to arbitration
  • acknowledging that Cheek’s rule requiring mutuality within the arbitration clause itself “gives us pause,” but ultimately rejecting the argument that it imposes a requirement on arbitration clauses that does not apply to other contracts
  • upholding Maryland’s law as not preempted because it does not bar categories of arbitration claims and it treats arbitration agreements like any other contract
  • affirming district court ruling that an arbitration provision was unenforceable for lack mutuality of consideration because it bound only the purchaser to arbitration
  • affirming district court ruling that an arbitration provision was unenforceable for lack mutuality of consideration because it bound only the purchaser to arbitration

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Shedd, Davis

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.