green
Positive treatment
Quoted verbatim 1×
5.7 score
G Cite
cited 2× by 1 distinct case, last quoted 2005 ·
…rainbow did not serve the plaintiffs with the motion in advance of filing and thus did not comply with the 21-day advance service provision. having not followed this procedure, rainbow was not entitled to obtain an award from the plaintiffs
⚠ not in text
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001
2013
2026
Top citers, strongest first. 7 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Troost v. Kitchin (In Re Kitchin)
(2×)
rainbow did not serve the plaintiffs with the motion in advance of filing and thus did not comply with the 21-day advance service provision. having not followed this procedure, rainbow was not entitled to obtain an award from the plaintiffs
examined
Cited "see"
Tanox, Inc. v. Akin, Gump, Strauss, Hauer & Feld, L.L.P.
(4×)
See Roadway Package Sys., Inc. v. Kayser, 257 F.3d 287, 294 (3d Cir.), cert. denied, 534 U.S. 1020 , 122 S.Ct. 545 , 151 L.Ed.2d 423 (2001) (declining to construe choice of law clause, which provided arbitration agreement "shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania," as evidencing clear intent to incorporate Pennsylvania's standards for judicial review); Mantle v. Upper Deck Co., 956 F.Supp. 719, 725-26 (N.D.Tex.1997) (observing that even though arbitration agreement provided Texas law would govern substantive disputes in arbitration, agr…
cited
Cited "see"
Ace Capital Re Overseas Ltd. v. Central United Life Insurance Company
See generally Louis Dreyfus Negoce S.A. v. Blystad Shipping & Trading Inc., 252 F.3d 218, 224-27 (2d Cir.), cert. denied, — U.S. -, 122 S.Ct. 546 , 151 L.Ed.2d 423 (2001).
discussed
Cited "see, e.g."
Sea Bowld Marine Group, LDC v. Oceanfast Pty, Ltd.
(2×)
Mastrobuono, 514 U.S. at 60 , 115 S.Ct. 1212 (the choice-of-law provision “is not, in itself, an unequivocal exclusion of punitive damages claims”); see also Roadway Package Sys., Inc. v. Kayser, 257 F.3d 287, 293 (3d Cir.2001) (parties may specifically identify rules of arbitration that are different from that provided for by the FAA), cert. denied, 534 U.S. 1020 , 122 S.Ct. 545 , 151 L.Ed.2d 423 (2001).
discussed
Cited "see, e.g."
United Steelworkers of America, Afl-Cio-Clc v. The Duluth Clinic, Ltd., a Minnesota Corporation
See also Louis Dreyfus Negoce S.A. v. Blystad Shipping & Trading Inc., 252 F.3d 218, 225 (2nd Cir.) (citing Prudential and emphasizing the necessity of “making a distinction between broad and narrow arbitration clauses ..., ‘as the scope of an arbitration clause, like any contract provision, is a question of the intent of the parties.’ ” (citation omitted)), cert. denied, 534 U.S. 1020 , 122 S.Ct. 546 , 151 L.Ed.2d 423 (2001).
discussed
Cited "see, e.g."
Owner-Operator Independent Drivers Ass'n v. Swift Transportation Co.
(2×)
Compare Gagnon v. Service Trucking Inc., 266 F.Supp.2d 1361 (M.D.Fla.2003) (Court concluded that owner-operators who were independent contractors fell within the § 1 exemption and could not be compelled to arbitrate their claims that their contracts did not comport with the Federal Motor Carrier Truth-in-Leasing regulations), with Roadway Package System, Inc., 1999 WL 817724 (E.D.Pa.1999), aff'd, 257 F.3d 287 (3rd Cir.), cert. denied, 534 U.S. 1020 , 122 S.Ct. 545 , 151 L.Ed.2d 423 (2001) (Court noted that the § 1 exemption was not applicable because the driver was an independent contractor …
discussed
Cited "see, e.g."
Jacada (Europe), Ltd. v. International Marketing Strategies, Inc.
(2×)
See also Roadway Package Sys., Inc. v. Scott Kayser, 257 F.3d 287, 289 (3rd Cir.2001), cert. denied, 534 U.S. 1020 , 122 S.Ct. 545 , 151 L.Ed.2d 423 (2001) (holding that “a generic choice-of-law clause, standing alone, is insufficient to support a finding that contracting parties intended to opt out of the FAA’s default regime.”).
Retrieving the full opinion text from the archive…
Kayser, dba Quality Express
v.
Roadway Package System, Inc.
v.
Roadway Package System, Inc.
No. 01-422.
Supreme Court of the United States.
Nov 13, 2001.
Published
Citer courts: N.D. Illinois (2)
C. A. 3d Cir. Certiorari denied.