· 12/19/1994
Tracer Research Corp. v. National Environmental Services Company, Doing Business as Nesco Lab One Analytical, Inc. Eddy Paterson Albert McCutchan
Citations
- 42 F.3d 1292
- 94 Daily Journal DAR 17710
- 94 Cal. Daily Op. Serv. 9568
- 33 U.S.P.Q. 2d (BNA) 1221
- 1994 U.S. App. LEXIS 35484
- 1994 WL 703161
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that language like “relating to” indicates a broad arbitration clause
- applying Mediterranean to determine that parties did not agree to arbitrate misappropriation of trade secrets claim where agreement used “arising out of’ language
- “It is well-established that when parties use the phrase ‘arising under’ in an arbitration agreement, they intend to narrow the range of disputes subject to arbitration____”
- “[t]he scope of the arbitration clause is governed by federal law.”
- “The misappropriation of trade secrets . . . 10 is a tort claim.”
- “The ‘arising out of’ language is of 24 the same limited scope as the ‘arising under’ language in Mediterranean Enterprises.” 25 (citing In re Kenoshita & Co., 287 F.2d 951, 953 (2d Cir. 1961))
Source: CourtListener parenthetical corpus (CC0).
Judges: Choy, Farris, Brunetti
Read full opinion on CourtListenerSourced 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.