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14 Connecticut opinions name it 3 courts 1990–2012 0 in the last five years
The cases below were cited by Connecticut 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.
| Case | Followed | Cited |
|---|---|---|
Board of Education v. Freygreen2 sentences1998As with Barbara Scinto, the positive assurance test in Board of Education v. Frey, supra, 174 Conn. 578 , applies. 1998We find that the trial court followed the positive assurance test of Board of Education v. Frey, supra, 174 Conn. 578 . | 1 | 6 |
Region 14 Board of Education v. Nonnewaug Teachers' Ass'ngreen2 sentences2012See, e.g., Board of Education v. Nonnewaug Teachers' Assn., 273 Conn. 28, 30-32 , 866 A.2d 1252 (2005) (action for declaratory judgment that dispute is not arbitrable); White v. Kampner, supra, at 472-73 , 641 A.2d 1381 (motion to vacate award where court determined that arbitrator lacked authority to determine arbitrability); Welch Group, Inc. v. Creative Drywall, Inc., 215 Conn. 464, 467 , 576 A.2d 153 (1990) (plaintiff's application for injunction restraining defendant from proceeding with arbitration); John A. Errichetti Associates v. Boutin, 183 Conn. 481, 488-89 , 439 A.2d 416 (1981) (pl 2012See, e.g., Board of Education v. Nonnewaug Teachers' Assn., 273 Conn. 28, 30-32 , 866 A.2d 1252 (2005) (action for declaratory judgment that dispute is not arbitrable); White v. Kampner, supra, at 472-73 , 641 A.2d 1381 (motion to vacate award where court determined that arbitrator lacked authority to determine arbitrability); Welch Group, Inc. v. Creative Drywall, Inc., 215 Conn. 464, 467 , 576 A.2d 153 (1990) (plaintiff's application for injunction restraining defendant from proceeding with arbitration); John A. Errichetti Associates v. Boutin, 183 Conn. 481, 488-89 , 439 A.2d 416 (1981) (pl | 1 | 1 |
Town of Wallingford v. Wallingford Police Union Local 1570green2 sentences2012See, e.g., Wallingford v. Wallingford Police Union, Local 1570, 45 Conn.App. 432, 437 , 696 A.2d 1030 (1997). 2012See, e.g., Wallingford v. Wallingford Police Union, Local 1570, 45 Conn.App. 432, 437 , 696 A.2d 1030 (1997). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United Steelworkers v. Warrior & Gulf Navigation Co.
green
2 sentences2012Nevertheless, "[b]ecause we favor arbitration, we will defer to this alternative method of dispute resolution if the contractual arbitration provisions fall within the grey area of arbitrability, employing the positive assurance test as set out in United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, 582-83 , 80 S.Ct. 1347 , 4 L.Ed.2d 1409 (1960). 2012Nevertheless, "[b]ecause we favor arbitration, we will defer to this alternative method of dispute resolution if the contractual arbitration provisions fall within the grey area of arbitrability, employing the positive assurance test as set out in United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, 582-83 , 80 S.Ct. 1347 , 4 L.Ed.2d 1409 (1960). | 5 | 1993–2012 |
John A. Errichetti Associates v. Boutin
green
2 sentences2000"Furthermore, this court has determined that doubts regarding whether an issue is arbitrable should be resolved in favor of arbitration." Fink v. Golenbock, supra, 238 Conn. 195 , citing John A. Errichetti Associates v. Boutin, 183 Conn. 481 , 488-89 , 439 A.2d 416 (1981) ("Under the positive assurance test, judicial inquiry . . . must be strictly confined to the question whether the reluctant party did agree to arbitrate the grievance. . . . 2000"Furthermore, this court has determined that doubts regarding whether an issue is arbitrable should be resolved in favor of arbitration." Fink v. Golenbock, supra, 238 Conn. 195 , citing John A. Errichetti Associates v. Boutin, 183 Conn. 481 , 488-89 , 439 A.2d 416 (1981) ("Under the positive assurance test, judicial inquiry . . . must be strictly confined to the question whether the reluctant party did agree to arbitrate the grievance. . . . | 4 | 1990–2012 |
White v. Kampner
green
2 sentences2010Furthermore, in White v. Kampner, 229 Conn. 465 , 641 A.2d 1381 (1994), our Supreme Court stated: We initially note that, because we favor arbitration, we will defer to this alternative method of dispute resolution if the contractual arbitration provisions fall within the grey area of arbitrability, employing the positive assurance test as set out in United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, 582-83 , 80 S. Ct. 1347 , 4 L. 2010Furthermore, in White v. Kampner, 229 Conn. 465 , 641 A.2d 1381 (1994), our Supreme Court stated: We initially note that, because we favor arbitration, we will defer to this alternative method of dispute resolution if the contractual arbitration provisions fall within the grey area of arbitrability, employing the positive assurance test as set out in United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, 582-83 , 80 S. Ct. 1347 , 4 L. | 3 | 1994–2012 |
Welch Group, Inc. v. Creative Drywall, Inc.
green
2 sentences2012See, e.g., Board of Education v. Nonnewaug Teachers' Assn., 273 Conn. 28, 30-32 , 866 A.2d 1252 (2005) (action for declaratory judgment that dispute is not arbitrable); White v. Kampner, supra, at 472-73 , 641 A.2d 1381 (motion to vacate award where court determined that arbitrator lacked authority to determine arbitrability); Welch Group, Inc. v. Creative Drywall, Inc., 215 Conn. 464, 467 , 576 A.2d 153 (1990) (plaintiff's application for injunction restraining defendant from proceeding with arbitration); John A. Errichetti Associates v. Boutin, 183 Conn. 481, 488-89 , 439 A.2d 416 (1981) (pl 2012See, e.g., Board of Education v. Nonnewaug Teachers' Assn., 273 Conn. 28, 30-32 , 866 A.2d 1252 (2005) (action for declaratory judgment that dispute is not arbitrable); White v. Kampner, supra, at 472-73 , 641 A.2d 1381 (motion to vacate award where court determined that arbitrator lacked authority to determine arbitrability); Welch Group, Inc. v. Creative Drywall, Inc., 215 Conn. 464, 467 , 576 A.2d 153 (1990) (plaintiff's application for injunction restraining defendant from proceeding with arbitration); John A. Errichetti Associates v. Boutin, 183 Conn. 481, 488-89 , 439 A.2d 416 (1981) (pl | 2 | 1991–2012 |
City of New Britain v. AFSCME, Council 4, Local 1186
neutral
1 sentence2012The plaintiff appealed to the Appellate Court, which, applying the positive assurance test, [5] concluded that "eight months after agreeing that arbitration should not be used to redress the upgrades, [the plaintiff] agreed to arbitrate the foremen's grievance as part of its settlement agreement with the defendant." Id., at 570, 997 A.2d 560 . | 1 | 2012–2012 |
Gaudet v. Safeco Insurance
green
2 sentences2004Co., 219 Conn. 391, 399 , 593 A.2d 1362 (1991). “[B]ecause we favor arbitration, we will defer to this alternative method of dispute resolution if the contractual arbitration provisions fall within the grey area of arbitrability, employing the positive assurance test as set out in United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, 582-83 , 80 S. Ct. 1347 , 4 L. 2004Co., 219 Conn. 391, 399 , 593 A.2d 1362 (1991). “[B]ecause we favor arbitration, we will defer to this alternative method of dispute resolution if the contractual arbitration provisions fall within the grey area of arbitrability, employing the positive assurance test as set out in United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, 582-83 , 80 S. Ct. 1347 , 4 L. | 1 | 2004–2004 |
Board of Police Commissioners v. Maher
green
2 sentences2001Previously, in Board of Police Commissioners v. Maher, 171 Conn. 613, 621 , 370 A.2d 1076 (1976), the court had approved of the statement in United Steelworkers of America that “[d]oubts should be resolved in favor of coverage.” “Under the positive assurance test, judicial inquiry . . . must be strictly confined to the question whether the reluctant party did agree to arbitrate the grievance.” (Internal quotation marks omitted.) Weitz Co. v. Shoreline Care Ltd. 2001Previously, in Board of Police Commissioners v. Maher, 171 Conn. 613, 621 , 370 A.2d 1076 (1976), the court had approved of the statement in United Steelworkers of America that “[d]oubts should be resolved in favor of coverage.” “Under the positive assurance test, judicial inquiry . . . must be strictly confined to the question whether the reluctant party did agree to arbitrate the grievance.” (Internal quotation marks omitted.) Weitz Co. v. Shoreline Care Ltd. | 1 | 2001–2001 |
Lar-Rob Bus Corp. v. Town of Fairfield
green
2 sentences1998In determining whether a party is bound to arbitrate, the courts look at the language employed in the contract. “ ‘A contract is to be construed as a whole and all relevant provisions will be considered together.’ Lar-Rob Bus Corporation v. Fairfield, 170 Conn. 397, 407 , 365 A.2d 1086 (1976) . . . .” (Citations omitted.) Barnard v. Barnard, 214 Conn. 99, 109 , 570 A.2d 690 (1990). 1998In determining whether a party is bound to arbitrate, the courts look at the language employed in the contract. “ ‘A contract is to be construed as a whole and all relevant provisions will be considered together.’ Lar-Rob Bus Corporation v. Fairfield, 170 Conn. 397, 407 , 365 A.2d 1086 (1976) . . . .” (Citations omitted.) Barnard v. Barnard, 214 Conn. 99, 109 , 570 A.2d 690 (1990). | 1 | 1998–1998 |
Barnard v. Barnard
green
2 sentences1998In determining whether a party is bound to arbitrate, the courts look at the language employed in the contract. “ ‘A contract is to be construed as a whole and all relevant provisions will be considered together.’ Lar-Rob Bus Corporation v. Fairfield, 170 Conn. 397, 407 , 365 A.2d 1086 (1976) . . . .” (Citations omitted.) Barnard v. Barnard, 214 Conn. 99, 109 , 570 A.2d 690 (1990). 1998In determining whether a party is bound to arbitrate, the courts look at the language employed in the contract. “ ‘A contract is to be construed as a whole and all relevant provisions will be considered together.’ Lar-Rob Bus Corporation v. Fairfield, 170 Conn. 397, 407 , 365 A.2d 1086 (1976) . . . .” (Citations omitted.) Barnard v. Barnard, 214 Conn. 99, 109 , 570 A.2d 690 (1990). | 1 | 1998–1998 |
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.
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.