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· 8/29/2002

Welborn Clinic, an Indiana Business Trust Doing Business as Welborn Clinic v. Medquist, Incorporated

Citations

  • 301 F.3d 634
  • 2002 U.S. App. LEXIS 17875
  • 2002 WL 1980459

How courts have described this case

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

  • holding that a party did not waive its right to arbitrate where it “moved to compel arbitration less than two months after the lawsuit was filed”
  • noting that the arbitration provision did not even require arbitration of all claims “related to” or “arising out of’ invoice disputes but rather was narrower in requiring arbitration only of disputes over invoice amounts
  • characterizing an arbitration clause covering all claims either “arising out of” or “relating to” the parties agreement as “a very broad, standard arbitration clause”
  • characterizing an arbitration clause covering all claims either “arising out of” or “relating to” the contract as “a very broad, standard arbitration clause”
  • “[A] court should compel arbitration ‘unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute (internal citation omitted)
  • “[W]e have naturally been willing to read these admittedly expansive clauses quite broadly to include all manner of claims tangentially related to the agreement, including claims of fraud, misrepresentation, and other torts”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Coffey, Wood

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.