scope of an arbitration clause (Alabama) · Go Syfert
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scope of an arbitration clause in Alabama

8 Alabama opinions name it 2 courts 1995–2013 0 in the last five years

The cases below were cited by Alabama 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 (3)

CaseFollowedCited
Ford v. NYLCare Health Plans of the Gulf Coast, Inc.green
ca5 · 1998 · cited in 1 Alabama opinions naming this issue, 2013–2013
1 sentence

2013The United States Court of Appeals for the Fifth Circuit explained this principle in Ford v. NYLCare Health Plans of Gulf Coast, Inc., 141 F.3d 243, 247-49 (5th Cir.1998): “We will consider as a threshold matter, therefore, whether parties may designate state law to govern the scope of an arbitration clause in an agreement otherwise covered by the FAA.

11
Karl Storz Endoscopy-America, Inc. v. Integrated Medical Systems, Inc.green
ala · 2001 · cited in 1 Alabama opinions naming this issue, 2008–2008
1 sentence

2008See Karl Storz Endoscopy-America, Inc., 808 So.2d at 1013 (holding that the argument that nonmaterial breaches are outside the scope of an arbitration clause was unreasonable because “[wjhether a breach is material is ordinarily a question for the trier of fact”).

11
Quality Truck and Auto Sales, Inc. v. Yassinegreen
ala · 1999 · cited in 1 Alabama opinions naming this issue, 2004–2004
2 sentences

2004Quality Truck & Auto Sales, Inc. v. Yassine, 730 So.2d 1164, 1170 (Ala.1999)("Thus, because we hold that all of Yassine's claims against Quality fall within the compass of the arbitration clause, the trial court must stay discovery with respect to those claims.").

2004Quality Truck Auto Sales, Inc. v. Yassine , 730 So.2d 1164 , 1170 (Ala. 1999) ("Thus, because we hold that all of Yassine's claims against Quality fall within the compass of the arbitration clause, the trial court must stay discovery with respect to those claims.").

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
Owens v. Coosa Valley Health Care, Inc. green
ala · 2004
1 sentence

2006Moreover, "when a trial court compels arbitration, that court is required by federal statute to stay all proceedings, see 9 U.S.C. §§ 3 , including discovery . . . as to any claims that fall within the scope of an arbitration clause." Owens v. Coosa Valley Health Care, Inc. , 890 So.2d 983 , 990 (Ala. 2004).

12006–2006
Mediterranean Enterprises, Inc. v. Ssangyong Corporation green
ca9 · 1983
1 sentence

2001In Old Republic, this Court stated that the plaintiff's count alleging conversion and intentional interference with business relationships "` appears to raise issues largely distinct from the central conflict over the interpretation and performance of the [agreements themselves].'" 644 So.2d at 1263 (quoting Mediterranean Enterps., Inc. v. Ssangyong Corp., 708 F.2d 1458 , 1465 (9th Cir.1983)) (emphasis added) (interpolation in Old Republic ).

12001–2001
Old Republic Ins. Co. v. Lanier green
ala · 1994
1 sentence

2001In Old Republic, this Court stated that the plaintiff's count alleging conversion and intentional interference with business relationships "` appears to raise issues largely distinct from the central conflict over the interpretation and performance of the [agreements themselves].'" 644 So.2d at 1263 (quoting Mediterranean Enterps., Inc. v. Ssangyong Corp., 708 F.2d 1458 , 1465 (9th Cir.1983)) (emphasis added) (interpolation in Old Republic ).

12001–2001
Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U. green
scotus · 1989
2 sentences

1997Volt Information Sciences, Inc. v. Trustees of Stanford University, 489 U.S. 468 , 109 S.Ct. 1248 , 103 L.Ed.2d 488 (1989); Allied-Bruce Terminix Companies v. Dobson, 684 So.2d 102 (Ala.1995) (Hooper, C.J., concurring specially).

1997Volt Information Sciences, Inc. v. Trustees of Stanford University, 489 U.S. 468 , 109 S.Ct. 1248 , 103 L.Ed.2d 488 (1989); Allied-Bruce Terminix Companies v. Dobson, 684 So.2d 102 (Ala.1995) (Hooper, C.J., concurring specially).

11997–1997
Allied-Bruce v. Dobson green
ala · 1995
1 sentence

1997Volt Information Sciences, Inc. v. Trustees of Stanford University, 489 U.S. 468 , 109 S.Ct. 1248 , 103 L.Ed.2d 488 (1989); Allied-Bruce Terminix Companies v. Dobson, 684 So.2d 102 (Ala.1995) (Hooper, C.J., concurring specially).

11997–1997
Ex Parte Gates green
ala · 1996
2 sentences

1996Moreover, this Court has addressed the question of the scope of an arbitration clause in Ex parte Gates, 675 So.2d 371 (Ala.1996).

1996Moreover, this Court has addressed the question of the scope of an arbitration clause in Ex parte Gates , 675 So.2d 371 (Ala. 1996).

11996–1996
Buitrago v. Ins green
ca2 · 1988
2 sentences

1995Consequently, the only issue before this court is whether the scope of arbitrable disputes under Rule 347 includes Morgan's slander and prima facie tort claims."); Creative Securities Corp. v. Bear Stearns Co. , 671 F. Supp. 961 (S.D.N.Y. 1987), affirmed, 847 F.2d 834 (2nd Cir. N Y 1988) (examining the scope of an arbitration clause and concluding that one claim was not arbitrable).

1995Consequently, the only issue before this court is whether the scope of arbitrable disputes under Rule 347 includes Morgan's slander and prima facie tort claims."); Creative Securities Corp. v. Bear Stearns & Co., 671 F.Supp. 961 (S.D.N.Y. 1987), affirmed, 847 F.2d 834 (2nd Cir. N.Y. 1988) (examining the scope of an arbitration clause and concluding that one claim was not arbitrable).

11995–1995
Creative Securities Corp. v. Bear Stearns & Co. green
nysd · 1987
2 sentences

1995Consequently, the only issue before this court is whether the scope of arbitrable disputes under Rule 347 includes Morgan's slander and prima facie tort claims."); Creative Securities Corp. v. Bear Stearns Co. , 671 F. Supp. 961 (S.D.N.Y. 1987), affirmed, 847 F.2d 834 (2nd Cir. N Y 1988) (examining the scope of an arbitration clause and concluding that one claim was not arbitrable).

1995Consequently, the only issue before this court is whether the scope of arbitrable disputes under Rule 347 includes Morgan's slander and prima facie tort claims."); Creative Securities Corp. v. Bear Stearns & Co., 671 F.Supp. 961 (S.D.N.Y. 1987), affirmed, 847 F.2d 834 (2nd Cir. N.Y. 1988) (examining the scope of an arbitration clause and concluding that one claim was not arbitrable).

11995–1995

Statutes the citing opinions construe

USC § 9u.s.c.1 (6) USC § 9u.s.c.3 (5) USC § 9u.s.c.2 (4) AL § Ala. Code § 8-1-41 (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

TX 74 (1992–2026) CA 29 (1985–2025) OH 25 (1990–2025) IL 20 (1978–2025) FL 18 (1993–2026) PA 12 (1991–2025) LA 11 (2005–2017) NC 10 (1998–2025) MD 10 (1994–2019) CO 9 (1993–2017) AL 8 (1995–2013) NY 6 (1972–2020) VA 5 (1995–2011) NJ 5 (2004–2025) SC 5 (2001–2016) ID 4 (2003–2026) WA 4 (1977–2024) UT 3 (1986–2021) OR 3 (2007–2022) NH 3 (1970–2018) MN 3 (1989–2002) MT 2 (2009–2009) MI 2 (1983–2016) MS 2 (2004–2005)

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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