MISSION RES. v. Triple Net Properties

How courts have described this case

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

• finding that a claim filed by a member of a limited liability company on behalf of the LLC was not subject to the member’s arbitration agreement because the member was only a “nominal plaintiff” bringing suit on behalf of the LLC
• finding that a claim filed by a member of a limited liability company on behalf of the LLC was not subject to the member’s arbitration agreement because the member was only a “nominal plaintiff’ bringing suit on behalf of the LLC
• “When the question before the court is whether the parties have agreed to arbitrate, there is no presumption in favor of arbitrability.”
• a party cannot be compelled to arbitrate unless he has agreed to arbitrate, and the one seeking to compel arbitration has the burden of proving the existence of the agreement
• a party cannot be compelled to arbitrate unless he has agreed to arbitrate, and the one seeking to compel arbitration has the burden of proving the existence of the agreement
• “The arbitrator based his ruling on Rule R-7(a) of the Commercial Arbitration Rules of the American Arbitration Association . . . . Rule R-7(a) makes the arbitrator the sole judge of the issue of arbitrability.”

Source: CourtListener parenthetical corpus (CC0).