scope of the arbitration clause in Mississippi

12 Mississippi opinions name it 2 courts 2000–2017 0 in the last five years

The cases below were cited by Mississippi 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 (9)

Case	Followed	Cited
Sawyers v. Herrin-Gear Chevrolet Co., Inc.green miss · 2010 · cited in 2 Mississippi opinions naming this issue, 2010–2011 2 sentences 2011Thereafter, the Scruggs Defendants filed a “Motion for Stay Pending Appeal,” which was granted upon agreement of the parties, and then a timely “Notice of Appeal” from the denial of their “Motion to Compel Arbitration and To Stay Pending Completion of Arbitration.” See Sawyers v. Herrin-Gear Chevrolet Co., Inc., 26 So.3d 1026, 1084 (Miss.2010) (citing Miss. 2010Thereafter, the Scruggs Defendants filed a “Motion for Stay Pending Appeal,” which was granted upon agreement of the parties, and then a timely “Notice of Appeal” from the denial of their “Motion to Compel Arbitration and To Stay Pending Completion of Arbitration.” See Sawyers v. Herrin-Gear Chevrolet Co., Inc., 26 So. 3d 1026, 1034 (Miss. 2010) (citing Miss.	2	2
Harvey v. Joycegreen ca5 · 2000 · cited in 2 Mississippi opinions naming this issue, 2002–2005 2 sentences 2005The court cited Harvey v. Joyce, 199 F.3d 790, 793 (5th 1193 Cir.2000), in holding that doubts concerning the scope of arbitrable issues are resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay, or some other defense to arbitrability. 2002*The court cited Harvey v. Joyce, 199 F.3d 790, 793 (5th Cir. 2000), in holding that doubts concerning the scope of arbitrable issues are resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay, or some other defense to arbitrability.	2	2
Albert v. Scott's Truck Plaza, Inc.green miss · 2008 · cited in 1 Mississippi opinions naming this issue, 2017–2017 2 sentences 2017In her lease, the parties agreed to arbitrate all disputes “arising out of or in any way related to Lessee’s occupancy and leasing of the subject property.” In premises liability, a property owner’s duty is based on his relationship to the plaintiff.12 In Doe’s case, that duty 11 Because we find Jane’s claims do not fall within the scope of the arbitration clause, we need not address Jane’s alternative argument—that, as a matter of public policy, arbitration agreements in residential leases should be void. 12 Albert v. Scott’s Truck Plaza, Inc., 978 So. 2d 1264, 1266 (Miss. 2008) (citing Masse 2017Albert v. Scott's Truck Plaza, Inc., 978 So.2d 1264, 1266 (Miss. 2008) (citing Massey v. Tingle, 867 So.2d 235, 239 (Miss. 2004); Corley v. Evans, 835 So.2d 30, 37 (Miss. 2003)) ("For a premises-liability claim, as in this case, duty is contingent on the status of the injured person.	1	1
Corley v. Evansgreen miss · 2003 · cited in 1 Mississippi opinions naming this issue, 2017–2017 2 sentences 2017In her lease, the parties agreed to arbitrate all disputes “arising out of or in any way related to Lessee’s occupancy and leasing of the subject property.” In premises liability, a property owner’s duty is based on his relationship to the plaintiff.12 In Doe’s case, that duty 11 Because we find Jane’s claims do not fall within the scope of the arbitration clause, we need not address Jane’s alternative argument—that, as a matter of public policy, arbitration agreements in residential leases should be void. 12 Albert v. Scott’s Truck Plaza, Inc., 978 So. 2d 1264, 1266 (Miss. 2008) (citing Masse 2017Albert v. Scott's Truck Plaza, Inc., 978 So.2d 1264, 1266 (Miss. 2008) (citing Massey v. Tingle, 867 So.2d 235, 239 (Miss. 2004); Corley v. Evans, 835 So.2d 30, 37 (Miss. 2003)) ("For a premises-liability claim, as in this case, duty is contingent on the status of the injured person.	1	1
Massey v. Tinglegreen miss · 2004 · cited in 1 Mississippi opinions naming this issue, 2017–2017 2 sentences 2017In her lease, the parties agreed to arbitrate all disputes “arising out of or in any way related to Lessee’s occupancy and leasing of the subject property.” In premises liability, a property owner’s duty is based on his relationship to the plaintiff.12 In Doe’s case, that duty 11 Because we find Jane’s claims do not fall within the scope of the arbitration clause, we need not address Jane’s alternative argument—that, as a matter of public policy, arbitration agreements in residential leases should be void. 12 Albert v. Scott’s Truck Plaza, Inc., 978 So. 2d 1264, 1266 (Miss. 2008) (citing Masse 2017Albert v. Scott's Truck Plaza, Inc., 978 So.2d 1264, 1266 (Miss. 2008) (citing Massey v. Tingle, 867 So.2d 235, 239 (Miss. 2004); Corley v. Evans, 835 So.2d 30, 37 (Miss. 2003)) ("For a premises-liability claim, as in this case, duty is contingent on the status of the injured person.	1	1
East Ford, Inc. v. Taylorgreen miss · 2002 · cited in 1 Mississippi opinions naming this issue, 2016–2016 1 sentence 2016East Ford, 826 So.2d at 713 (¶ 9). ¶ 19. ‘ The arbitration clause was not broad.	1	1
Rogers-Dabbs Chevrolet-Hummer v. Blakeneygreen miss · 2007 · cited in 1 Mississippi opinions naming this issue, 2012–2012 1 sentence 2012Rogers-Dabbs, 950 So.2d at 177-78 (¶¶ 17-20).	1	1
Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.green scotus · 1989 · cited in 1 Mississippi opinions naming this issue, 2006–2006 2 sentences 2006See also Mastrobuono v. Shearson Lehman Hutton, Inc., 514 U.S. 52, 62 , 115 S.Ct. 1212 , 131 L.Ed.2d 76 (1995) (quoting Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ., 489 U.S. 468, 476 , 109 S.Ct. 1248 , 103 L.Ed.2d 488 (1989)) ("when a court interprets such provisions in an agreement covered by the FAA, `due regard must be given to the federal policy favoring arbitration, and ambiguities as to the scope of the arbitration clause itself resolved in favor of arbitration.'"). 2006See also Mastrobuono v. Shearson Lehman Hutton, Inc., 514 U.S. 52, 62 , 115 S.Ct. 1212 , 131 L.Ed.2d 76 (1995) (quoting Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ., 489 U.S. 468, 476 , 109 S.Ct. 1248 , 103 L.Ed.2d 488 (1989)) ("when a court interprets such provisions in an agreement covered by the FAA, `due regard must be given to the federal policy favoring arbitration, and ambiguities as to the scope of the arbitration clause itself resolved in favor of arbitration.'").	1	1
Mastrobuono v. Shearson Lehman Hutton, Inc.green scotus · 1995 · cited in 1 Mississippi opinions naming this issue, 2006–2006 2 sentences 2006See also Mastrobuono v. Shearson Lehman Hutton, Inc., 514 U.S. 52, 62 , 115 S.Ct. 1212 , 131 L.Ed.2d 76 (1995) (quoting Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ., 489 U.S. 468, 476 , 109 S.Ct. 1248 , 103 L.Ed.2d 488 (1989)) ("when a court interprets such provisions in an agreement covered by the FAA, `due regard must be given to the federal policy favoring arbitration, and ambiguities as to the scope of the arbitration clause itself resolved in favor of arbitration.'"). 2006See also Mastrobuono v. Shearson Lehman Hutton, Inc., 514 U.S. 52, 62 , 115 S.Ct. 1212 , 131 L.Ed.2d 76 (1995) (quoting Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ., 489 U.S. 468, 476 , 109 S.Ct. 1248 , 103 L.Ed.2d 488 (1989)) ("when a court interprets such provisions in an agreement covered by the FAA, `due regard must be given to the federal policy favoring arbitration, and ambiguities as to the scope of the arbitration clause itself resolved in favor of arbitration.'").	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (5)

Case	Cited	Years
Pre-Paid Legal Services, Inc. v. Battle green miss · 2004 2 sentences 2006Despite that policy, however, "a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit." Pre-Paid Legal, 873 So.2d at 83 (quoting AT & T Technologies, Inc. v. Communications Workers of America, 475 U.S. 643, 648 , 106 S.Ct. 1415, 1418 , 89 L.Ed.2d 648 (1986)). 2004Despite that policy, however, “a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit.” Pre-Paid Legal, 873 So. 2d at 83 (quoting AT&T Technologies, Inc. v. Communications Workers of America, 475 U.S. 643, 648 , 106 S. Ct. 1415, 1418 , 89 L.	2	2004–2006
At&T Technologies, Inc. v. Communications Workers green scotus · 1986 2 sentences 2006Despite that policy, however, "a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit." Pre-Paid Legal, 873 So.2d at 83 (quoting AT & T Technologies, Inc. v. Communications Workers of America, 475 U.S. 643, 648 , 106 S.Ct. 1415, 1418 , 89 L.Ed.2d 648 (1986)). 2006Despite that policy, however, "a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit." Pre-Paid Legal, 873 So.2d at 83 (quoting AT & T Technologies, Inc. v. Communications Workers of America, 475 U.S. 643, 648 , 106 S.Ct. 1415, 1418 , 89 L.Ed.2d 648 (1986)).	2	2004–2006
Coffman v. Provost ★ Umphrey Law Firm, L.L.P. green txed · 2001 2 sentences 2005However, the integration clause does not necessarily require the conclusion that Plaintiff's claims for breach of the 1994 and 1996 Partnership Agreements fall within the scope of the arbitration clause. 161 F.Supp.2d at 728 . ¶ 22. 2000However, the integration clause does not necessarily require the conclusion that Plaintiff's claims for breach of the 1994 and 1996 Partnership Agreements fall within the scope of the arbitration clause. 161 F. Supp. 2d at 728 . ¶22.	2	2000–2005
Smith Ex Rel. Smith v. CAPTAIN D'S, LLC green miss · 2007 2 sentences 2017Id. at 1121 . 2017Id. at 1121 .	1	2017–2017
Jane Doe v. Hallmark Partners, LP green miss · 2017 1 sentence 2017Doe , 227 So.3d at 1054 .	1	2017–2017

Where else courts name it

TX 83 (1997–2025) IL 74 (1976–2026) OH 73 (1996–2025) CA 52 (1979–2025) NY 36 (1956–2024) MN 25 (1975–2004) NJ 23 (1990–2022) PA 23 (1925–2026) SC 20 (1993–2021) MD 19 (1983–2026) AL 18 (1995–2013) FL 16 (1993–2024) CO 13 (1977–2015) MS 12 (2000–2017) MO 7 (2008–2016) MI 7 (1990–2026) CT 6 (1991–2009) GA 6 (2003–2025) IN 6 (2004–2012) LA 5 (2003–2016) NM 5 (2006–2024) TN 5 (2001–2015) NC 5 (1985–2011) VA 3 (1996–2011) UT 3 (2013–2023) WI 3 (2015–2015) AZ 3 (2012–2014) WA 3 (1998–2021) OR 3 (2005–2007) MT 2 (1986–1993) DE 2 (2008–2017) ME 2 (1993–2020) AK 2 (2005–2013) DC 2 (2013–2014) HI 2 (2018–2020) MA 2 (1992–2009) ID 2 (2003–2010)

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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