validity of the arbitration clause (Illinois) · Go Syfert
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validity of the arbitration clause in Illinois

11 Illinois opinions name it 1 courts 2004–2022 1 in the last five years

The cases below were cited by Illinois 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 (2)

CaseFollowedCited
Buckeye Check Cashing, Inc. v. Cardegnagreen
scotus · 2006 · cited in 4 Illinois opinions naming this issue, 2009–2011
2 sentences

2011Buckeye, 546 U.S. at 445-46 , 126 S.Ct. 1204 .

2011Buckeye, 546 U.S. at 445-46 . 28 What Buckeye Check Cashing does not address is what happens if the challenge is to both the contract as a whole and the validity of the arbitration clause.

24
In re the Arbitration between Teleserve Systems, Inc. & MCI Telecommunications Corp.green
nyappdiv · 1997 · cited in 2 Illinois opinions naming this issue, 2005–2005
2 sentences

2005See also In re Arbitration Between Teleserve Systems, Inc. & MCI Telecommunications Corp. , 230 A.D.2d 585, 592 , 659 N.Y.S.2d 659, 664 (1997) ("under either Federal or New York law, to the extent that petitioner challenges the arbitration clauses themselves or their inclusion in the agreements, those challenges are for the court to determine").

2005See also In re Arbitration Between Teleserve Systems, Inc. & MCI Telecommunications Corp. , 230 A.D.2d 585, 592 , 659 N.Y.S.2d 659, 664 (1997) ("under either Federal or New York law, to the extent that petitioner challenges the arbitration clauses themselves or their inclusion in the agreements, those challenges are for the court to determine").

22

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Bank of Lyons v. Schultz green
ill · 1980
2 sentences

2005This is not a case where a wrongful injunction resulted in restricted access to a party's assets or a seizure of his property rights, as was displayed in Bank of Lyons v. Schultz , 78 Ill. 2d 235 , 399 N.E.2d 1286 (1980) (the wrongful issuance of a preliminary injunction prevented the plaintiff from using life insurance proceeds for more than nine years).

2005This is not a case where a wrongful injunction resulted in restricted access to a party's assets or a seizure of his property rights, as was displayed in Bank of Lyons v. Schultz , 78 Ill. 2d 235 , 399 N.E.2d 1286 (1980) (the wrongful issuance of a preliminary injunction prevented the plaintiff from using life insurance proceeds for more than nine years).

22005–2005
Frank H. Boomer, on Behalf of Himself and All Others Similarly Situated v. At & T Corporation, a New York Corporation green
ca7 · 2002
2 sentences

2004Boomer , 309 F.3d at 417 .

2004Boomer, 309 F.3d at 417 .

22004–2004
Rent-A-Center, West, Inc. v. Jackson green
scotus · 2010
2 sentences

2022In Rent-A-Center, West, Inc. v. Jackson, the Court explained that “[t]he delegation provision is an agreement to arbitrate threshold issues concerning the arbitration agreement.” Rent-A-Center, 561 U.S. at 68 . 7 ¶ 21 At issue in Rent-A-Center was whether the delegation of the validity of the arbitration clause to an arbitrator, pursuant to the terms of the arbitration agreement, was enforceable.

2022Id. at 72 .

12022–2022

Statutes the citing opinions construe

USC § 9u.s.c.1 (11) IL § 815 ILCS 505/1 (4) IL § 815 ILCS 705/5 (4) USC § 47u.s.c.201 (4) USC § 47u.s.c.203 (4) USC § 9u.s.c.2 (4) IL § 710 ILCS 5/1 (3) IL § 710 ILCS 5/2 (3)

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

CA 33 (1992–2025) NY 17 (1976–2025) TX 14 (2001–2024) OH 13 (1995–2026) OK 12 (2006–2020) IL 11 (2004–2022) AL 9 (1992–2002) FL 9 (1993–2021) WA 7 (1972–2018) MT 6 (1989–2016) MO 6 (2004–2016) SC 6 (2003–2023) DC 5 (2006–2015) WV 5 (2012–2020) CO 4 (1982–2014) GA 3 (1999–2009) WI 3 (2015–2015) KY 3 (2001–2008) LA 3 (2015–2018) NJ 2 (2005–2024) MS 2 (2012–2013) PA 2 (1982–2015) IA 2 (2014–2020) MD 2 (1994–2003) MI 2 (2022–2022)

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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