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