paradigm of a broad clause (Ohio) · Go Syfert
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paradigm of a broad clause in Ohio

8 Ohio opinions name it 2 courts 2009–2025 1 in the last five years

The cases below were cited by Ohio 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
Academy of Medicine v. Aetna Health, Inc.green
ohio · 2006 · cited in 5 Ohio opinions naming this issue, 2009–2018
2 sentences

2018Again, the operating agreement must be referenced in considering her claims. {¶ 29} The Ohio Supreme Court has recognized that “[a]n arbitration clause that contains the phrase ‘any claim or controversy arising out of or relating to the agreement’ is considered ‘the paradigm of a broad clause.’” Academy of Medicine, 108 Ohio St.3d 185 , 2006-Ohio-657 , 842 N.E.2d 488 , at ¶ 18, quoting Collins & Aikman Prods.

2013See Aetna, 108 Ohio St.3d 185 , 2006-Ohio-657 , 842 N.E.2d 488 , at ¶ 30. {¶16} The Ohio Supreme Court has held that an arbitration clause, like the one at issue in this case, that provides that “any claim or controversy arising out of the agreement” is subject to arbitration is “the paradigm of a broad clause.” Aetna at ¶ 18, quoting Collins & Aikman Prods.

15
adr/jb, Corp. v. McY III, Inc.green
nyed · 2004 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025Generally, an arbitration clause that contains the phrase “‘“‘any claim or controversy arising out of or relating to the agreement’” is considered “the paradigm of a broad clause.”‘” Id. at ¶ 18, quoting ADR/JB, Corp. v. MCY III, Inc., 299 F.Supp.2d 110, 114 (E.D.N.Y. 2004), quoting Collins & Aikman Prods.

11
cluster 783185green
ca6 · 2003 · cited in 1 Ohio opinions naming this issue, 2011–2011
1 sentence

2011“If it could, it is likely outside the scope of the arbitration agreement.” Fazio, 340 F.3d at 395. {¶24} The arbitration provision in this case requires that “[a]ny claim or controversy in connection with, arising out of, or relating to the Agreement between Dealer and Cornwell shall be settled by binding arbitration in accordance with the rules pertaining to commercial dispute arbitration then existing with the American Arbitration Association.” The Ohio Supreme Court has held that “the phrase ‘any claim or controversy arising out of the agreement’ is the paradigm of a broad clause. [Such an

11
Alexander v. Wells Fargo Financial Ohio 1, Inc.green
ohio · 2009 · cited in 1 Ohio opinions naming this issue, 2011–2011
2 sentences

2011Ohio 1 Inc., 122 Ohio St. 3d 341 , 2009-Ohio-2962, at ¶13 (quoting Acad. of Med. of Cincinnati v. Aetna Health Inc., 108 Ohio St. 3d 185 , 2006-Ohio- 657, at ¶18). {¶25} The contract at issue in this case required the trial court to consider whether the claim or controversy was connected with, arose out of, or was related to the agreement.

2011Ohio 1 Inc., 122 Ohio St. 3d 341 , 2009-Ohio-2962, at ¶13 (quoting Acad. of Med. of Cincinnati v. Aetna Health Inc., 108 Ohio St. 3d 185 , 2006-Ohio- 657, at ¶18). {¶25} The contract at issue in this case required the trial court to consider whether the claim or controversy was connected with, arose out of, or was related to the agreement.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Louis Dreyfus Negoce S.A. v. Blystad Shipping & Trading Inc. green
ca2 · 2001
2 sentences

2019"An arbitration clause that contains the phrase 'any claim or controversy arising out of or relating to the agreement' is considered 'the paradigm of a broad clause.' " Id. , quoting Collins & Aikman Prods.

2019“An arbitration clause that contains the phrase ‘any claim or controversy arising out of or relating to the agreement’ is considered ‘the paradigm of a broad clause.’” Id., quoting Collins & Aikman Prods.

12019–2019
VIS Sales, Inc. v. KeyBank, N.A. neutral
ohioctapp · 2011
1 sentence

2013The clause at issue states in pertinent part, that “[a]ny dispute arising out of, relating to this Agreement, a breach hereof, or the operation of the business of the Company, shall be settled by arbitration * * *.” Thus, it must be considered a broad clause. 5 {¶12} Nonetheless, “even the presence of a broad arbitration clause does not make all claims subject to arbitration.” VIS Sales, Inc., 2011-Ohio-1520, at ¶ 11 .

12013–2013

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2711.01 (3) OH § Ohio Rev. Code § 2711.02 (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

OH 8 (2009–2025) MT 2 (2009–2009)

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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