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· 7/23/1996

State of New York and George E. Pataki, as Governor of the State of New York v. Oneida Indian Nation of New York

Citations

  • 90 F.3d 58
  • 1996 U.S. App. LEXIS 18139
  • 1996 WL 408121

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 federal policy favoring arbitration must yield to the clear exclusions of the parties
  • holding claim clearly fell within exclusion to arbitration contained in clause; therefore, claim fell outside scope of arbitration clause and was not subject to arbitration
  • claim not subject to arbitration where “the arbitration clause, read as a whole, evinces the parties’ intent to exclude the type of claim at issue here from mandatory arbitration”
  • “[I]n determining whether a particular claim falls within the scope of the parties’ arbitration agreement, [courts] focus on the factual allegations in the complaint rather than the legal causes of action asserted.”
  • doubts regarding waiver are resolved in favor of arbitration

Source: CourtListener parenthetical corpus (CC0).

Judges: Meskill, Cardamone, Miner

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.