· 10/17/2023
Petrillo v. Barnes-Jones
Syllabus
Negligence Interlocutory appeal Motion to Dismiss Rule 12(b)(6) Collateral Estoppel Sovereign Immunity Public Official Immunity Principal as State Employee
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 question “must be decided in the first instance by the arbitrator”
- holding that, “[W]hen two statutes are capable of coexistence ... it is the duty of the courts, absent a clearly expressed congressional intention to the contrary, to regard each as effective”
- holding that the federal court was correct to reserve judgment on the choice-of-law question “as it must be decided in the first instance by the arbitrator”
- holding that district courts may not speculate what substantive law an arbitrator “might apply”
- holding that arbitration clause in bill of lading under COGSA was presumptively enforceable
- concluding, at arbitration-enforcement stage, that ruling on “prospective waiver” question would be “premature” given subsequent opportunity for review at award-enforcement stage
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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