· 4/25/2006
Wachovia Bank, National Ass'n v. Schmidt
Citations
- 445 F.3d 762
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 dispute was not arbitrable in part because “a court’s resolution of the . . . claims [would] require no inquiry into the Note’s terms, nor even knowledge of the Note’s existence.”
- considering an arbitration clause requiring arbitration of any dispute “arising out of, or 10 . relating to” the agreement
- “it is unfair for a party to ‘rely on [a] contract when it works to its advantage, and repudiate it when it works to its disadvantage.’”
- \The fact that a signatory receives benefits from a contract [other than the ability to assert claims based on the contract] is . . . insuf- ficient . . . to estop it from asserting that a nonsignatory is not entitled to invoke the contract’s arbitration clause.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Luttig, King, Beezer, Ninth
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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