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· 6/30/2015

Smith v. Jerrome

Citations

  • 606 F. App'x 113

How courts have described this case

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

  • finding prejudice from the plaintiff’s “forum shopping” when it belatedly moved to compel arbitration only after losing substantive pretrial motions
  • noting “that neither filing a lawsuit covering an arbitrable dispute nor seeking injunctive relief in that suit are per se inconsistent with the right to compel arbitration” (emphasis omitted)
  • noting “thatneither filing a lawsuit covering an arbitrable dispute nor seeking injunctive relief in that suit are per se inconsistent with the right to compel arbitration” (emphasis omitted)
  • “Many courts have held that a party seeking to arbitrate a dispute nonetheless has the right to seek injunctive relief from a court. That right, however, is a right to seek equitable relief in aid of arbitration.” (emphasis omitted) (internal quotation marks and citation omitted)
  • “Many courts have held that a party seeking to arbitrate a dispute nonetheless has the right to seek injunctive relief from a court. That right, however, is a right to seek equitable relief in aid of arbitration.” (emphasis omitted) (internal quotation marks and citation omitted)
  • “federal law alone governs the court's waiver inquiry”

Source: CourtListener parenthetical corpus (CC0).

Judges: Floyd, Gregory, Thacker

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.