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· 9/16/2004

R.J. Griffin & Co. v. Beach Club II Homeowners Ass'n

Citations

  • 384 F.3d 157
  • 2004 WL 2064899

How courts have described this case

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

  • noting that equitable estoppel does not apply when the nonsignatory sues on theories that “arise from” tort law, not the contract containing the arbitration clause
  • noting that deed contained arbitration clause for disputes arising out of covenants to maintain common areas
  • noting that equitable estoppel does not apply when the nonsignatory sues on theories that \arise from\ tort law, not the contract containing the arbitration clause
  • stating that a party \may [not] use artful pleading to avoid arbitration\
  • stating homeowners association not compelled to arbitrate under estoppel theory because its claims against builder for negligence and breach of implied warranty alleged breach of duties under South Carolina common law, not under contracts containing arbitration provisions
  • first quoting First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 944 1995; and then quoting Moses H. Cone Mem’l Hosp., 460 U.S. at 24

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkinson, Luttig, Michael

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.