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· 5/28/1999

MS Dealer Service Corp. v. Franklin

Citations

  • 177 F.3d 942
  • 43 Fed. R. Serv. 3d 1204
  • 1999 U.S. App. LEXIS 10977
  • 1999 WL 342495

How courts have described this case

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

  • holding allegations that signatory and nonsignatory defendants colluded to charge plaintiff excessive fee under purchase contract were “intimately founded in and intertwined with” plaintiffs obligations under that contract (internal quotation marks omitted)
  • reversing and remanding to the district court to compel arbitration under an equitable estoppel theory
  • “[U]nder agency or related principles, the relationship between the signatory and non-signatory defendants is sufficiently close that only by permitting the non-signatory to invoke arbitration may evisceration of the underlying arbitration agreement between the signatories be avoided.”
  • ''[The] arbitration clause[] provid[es] that ‘buyer hereby acknowledges and agrees that all disputes and controversies of every kind and nature between buyer and Jim Burke Motors, Inc. arising out of or in connection with the purchase of this vehicle will be resolved by arbitration ....”'

Source: CourtListener parenthetical corpus (CC0).

Judges: Barkett, Kravitch, Magill

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.