· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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