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· 4/4/1995

Merrill Lynch, Pierce, Fenner & Smith, Inc. And Patrick Palella v. Peter H. Lauer and Therese A. Lauer

Citations

  • 49 F.3d 323

How courts have described this case

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

  • explaining that in 'post-arbitration litigation, the location of the now-completed arbitration is immaterial, while in pre-arbitration litigation, judicial economy favors the district where arbitration will occur
  • stating that a court may look beyond the text of a statute where the language is ambiguous, where a literal interpretation would lead to “absurd results” or where a literal interpreta- tion would “thwart the goals of the statutory scheme”
  • \Section 4 is aimed at streamlining the path toward arbitration and preventing scattershot attacks in various judicial fora.\
  • “Section 4 is aimed at streamlining the path toward arbitration and preventing scattershot attacks in various judicial fora.”
  • “[Section] 4 .. . preclude[s] the court from ordering arbitration to take place within its district in contravention of a freely negotiated forum selection clause.”
  • “where the arbitration agreement contains a forum selection clause, only the district court in that forum can issue a § 4 order compelling arbitration”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cummings, Kanne, Grant

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.