Toledano Ex Rel. Estate of deToledano v. O'Connor

How courts have described this case

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

• recognizing that the “continuing vitality of Cole’s ‘per se’ rule ... is in some doubt” and refusing to apply it “in light of Green Tree” outside the employer-employee context even though the plaintiff had asserted federal statutory claims
• finding that a non-signatory to an arbitration agreement “may not succeed in obtaining a mandatory stay pursuant to the FAA based on equitable estoppel grounds”
• holding the court was the proper forum for deciding plaintiffs’ challenge to the existence of a contract when plaintiffs alleged no contract ever existed because offer was withdrawn before other party accepted
• “[This circuit has not addressed] the propriety of district-court adjudication of challenges to the formation of a contract containing an arbitration provision (as opposed to challenges to the formation of the arbitration provision itself

Source: CourtListener parenthetical corpus (CC0).