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· 2/19/2002

Milos Sovak, M.D. Biophysica, Inc. v. Chugai Pharmaceutical Co., a Corporation of the Empire of Japan Cook Imaging Corporation, an Indiana Corporation

Citations

  • 280 F.3d 1266
  • 2002 Daily Journal DAR 1901
  • 2002 Cal. Daily Op. Serv. 1553
  • 2002 U.S. App. LEXIS 2528
  • 2002 WL 233571

How courts have described this case

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

  • “FAA, not state law, supplies the rules for arbitration” unless the parties “clearly evidence their intent to be bound by such rules.”
  • “[A] general choice-of-law clause within an arbitration provision does not trump the presumption that the FAA supplies the rules for arbitration.”
  • “[T]he question of whether a party has waived its right to compel arbitration directly concerns the allocation of power between courts and arbitrators. Accordingly, the FAA, and not [state] law, supplies the standard for waiver.”
  • invited error not reversible error

Source: CourtListener parenthetical corpus (CC0).

Judges: O'Scannlain, Paez, King

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.