purpose to exclude claim (Texas) · Go Syfert
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purpose to exclude claim in Texas

19 Texas opinions name it 1 courts 1992–2019 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
At&T Technologies, Inc. v. Communications Workersgreen
scotus · 1986 · cited in 15 Texas opinions naming this issue, 1992–2018
2 sentences

2018In the case of a broad arbitration provision, “[i]n the absence of any express provision excluding a particular grievance from arbitration, . . . only the most forceful evidence of a purpose to exclude the claim from arbitration can prevail.” Id. (quoting AT&T Tech., Inc. v. Commc’n Workers of Am., 475 U.S. 643, 650 (1986)).

2015The United States Supreme Court has held that in "the absence of any express provision excluding a particular grievance from arbitration, we think only the most forceful evidence of a purpose to exclude the claim from arbitration can prevail." ATT Technologies, Inc. v. Communication Workers of America, 475 U.S. 643, 650 (1986) (citing United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, 584 (1960)).

615
United Steelworkers v. Warrior & Gulf Navigation Co.green
scotus · 1960 · cited in 9 Texas opinions naming this issue, 1992–2015
2 sentences

2015The United States Supreme Court has held that in "the absence of any express provision excluding a particular grievance from arbitration, we think only the most forceful evidence of a purpose to exclude the claim from arbitration can prevail." ATT Technologies, Inc. v. Communication Workers of America, 475 U.S. 643, 650 (1986) (citing United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, 584 (1960)).

2010In such cases, “[i]n the absence of any express provision excluding a particular grievance from arbitration, we think only the most forceful evidence of a purpose to exclude the claim from arbitration can prevail.” Id. (citing United Steelworkers of Am. v. Warrior & Gulf Navigation Co., 363 U.S. 574, 584-85 , 80 S.Ct. 1347 , 4 L.Ed.2d 1409 (1960)).

29
FD Frontier Drilling (Cyprus) Ltd. Frontier Drilling USA, Inc., Frontier Drilling AS And Noble Drilling (U.S.) L.L.C. v. Steve Didmongreen
texapp · 2014 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019Broad arbitration clauses embrace “all disputes between the parties having a significant relationship to the contract, regardless of the label attached to the dispute.” FD Frontier Drilling (Cyprus), Ltd. v. Didmon, 438 S.W.3d 688, 695 (Tex. App.—Houston [1st Dist.] 2014, pet. denied); see also Saxa Inc. v. DFD Architect.

11
Strauss v. Silvercup Bakersgreen
ca2 · 1965 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Strauss v. Silvercup Bakers, 353 F.2d 555, 557 (2d Cir. 1965).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
BDO Seidman, LLP v. J.A. Green Development Corp. green
texapp · 2010
2 sentences

2019In such cases, when there is no express provision excluding a particular grievance from arbitration, “only the most forceful evidence of a purpose to exclude the claim from arbitration can prevail.” Id.

2018In the case of a broad arbitration provision, “[i]n the absence of any express provision excluding a particular grievance from arbitration, . . . only the most forceful evidence of a purpose to exclude the claim from arbitration can prevail.” Id. (quoting AT&T Tech., Inc. v. Commc’n Workers of Am., 475 U.S. 643, 650 (1986)).

22018–2019
Ascendant Anesthesia Pllc v. Abazi green
texapp · 2011
1 sentence

2017Id.

12017–2017

Statutes the citing opinions construe

USC § 9u.s.c.1-16 (8) USC § 9u.s.c.1 (6) USC § 9u.s.c.2 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 19 (1992–2019) PA 18 (1966–2026) MI 12 (1975–2016) OH 10 (1998–2024) MA 8 (1994–2026) NH 6 (1996–2019) NV 4 (1990–2022) CA 4 (1961–1979) MO 4 (2002–2017) WA 3 (1981–2014) MD 2 (1974–2003) DC 2 (1989–1992) WV 2 (1987–2016) FL 2 (1989–2006) SD 2 (2005–2005)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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