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· 11/17/2023

Town of Rush v. New York State Off. of Renewable Energy Siting

Citations

  • 198 N.Y.S.3d 465
  • 221 A.D.3d 1545
  • 2023 NY Slip Op 05883

How courts have described this case

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

  • observing that, under Georgia law, a plaintiff's claims must be directly, not just indirectly, based on the contract containing the arbitration clause for equitable estoppel to compel arbitration of those claims
  • declaring that many of that circuit’s prior “decisions involving the question of whether a non-party can enforce an arbitration clause against a party have not made clear that the applicable state law provides the rule of decision for that question”
  • declaring that many of that circuit’s prior “decisions involving the question of whether a non-party can enforce an arbitration clause against a party have not made clear that the applicable state law provides the rule of decision for that question”
  • pointing to a number of cases, including MS Dealer, 177 F.3d at 947
  • applying Georgia law to hold that “[i]n all cases, the lynchpin for equitable estoppel is equity, and the point of applying it to compel arbitration is to prevent a situation that would fly in the face of fairness”
  • \A party cannot be forced to arbitrate any dispute that the party has not agreed to submit to arbitration.\

Source: CourtListener parenthetical corpus (CC0).

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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.