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· 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 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.