Michael Dasher v. RBC Bank

How courts have described this case

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

• holding that the “threshold determination of whether a subsequent agreement entirely superseded a prior agreement is made under state law, without applying the FAA’s presumption [in favor of arbitrability]”
• holding that the “threshold determination of whether a subsequent agreement entirely superseded a prior agreement is made under state law, without applying the FAA’s presumption [in favor of arbitrability]”
• determining that presumption of arbitrability does not apply “before it is determined whether there is a ‘validly formed and enforceable arbitration agreement’”
• applying state law to determine whether a later arbitration agreement superseded an earlier one because the dispute was about whether a contract had been made, not about scope
• refusing to compel arbitration based on prior agreement's arbitration clause because operative agreement did not contain an arbitration clause
• analyzing whether an arbitration agreement had been superseded and replaced in total when the parties subsequently executed a new account agreement

Source: CourtListener parenthetical corpus (CC0).