Nebraska Machinery Company v. Cargotec Solutions, LLC

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 court must decide whether the parties intended to submit their dispute to the arbitrator as a threshold matter, regardless of the agreement’s delegation provision
• remanding for a trial on whether a contract existed when “there were facts left to try”
• vacating a district court order denying motion to compel arbitration and remanding for a bench trial on factual disputes concerning contract formation where the record on the motion revealed a material issue of fact as to the making of the contract
• “[U]nder federal practice the technical name attached to a motion or pleading is not as important as its substance.”
• “if the motions record reveals a material issue of fact, the FAA maintains that the court move summarily to trial”
• “Given that both parties relied on matters outside the pleadings and sought summary judgment-type rulings, a summary judgment standard—viewing the evidence and resolving all factual disputes in the nonmoving party’s favor—should have been used to evaluate the motions.”’

Source: CourtListener parenthetical corpus (CC0).