contract containing an arbitration clause (New Jersey) · Go Syfert
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contract containing an arbitration clause in New Jersey

6 New Jersey opinions name it 2 courts 2006–2020 0 in the last five years

The cases below were cited by New Jersey 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
Choctaw Generation Limited Partnership v. American Home Assurance Companygreen
ca2 · 2001 · cited in 2 New Jersey opinions naming this issue, 2006–2009
2 sentences

2009Home Assurance Co., 271 F. 3d 403, 406 (2d Cir.2001) (signatory to an arbitration agreement may be estopped from avoiding arbitration with a non-signatory when the issue in dispute between the parties is bound up in a contract containing an arbitration clause); MS Dealer Serv.

2006Home Assurance Co., 271 F. 3d 403, 406 (2d Cir. 2001) (signatory to an arbitration agreement may be estopped from avoiding arbitration with a nonsignatory when the issue in dispute between the parties is bound up *774 in a contract containing an arbitration clause); M.S.

22
In Re the Arbitration Between Nuclear Electric Insurance Ltd. & Central Power & Light Co.green
nysd · 1996 · cited in 1 New Jersey opinions naming this issue, 2020–2020
1 sentence

2020Ins. v. Central Power & Light Co., 926 F. Supp. 428, 434 (S.D.N.Y. 1996) (finding that where a party claims it never assented to a contract containing an arbitration clause due A-0279-19T1 16 to fraud, that party.s claim must first be evaluated by a court before the dispute can referred to arbitration).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (12)

CaseCitedYears
Douzinas v. American Bureau of Shipping, Inc. green
delch · 2006
2 sentences

2017"One circumstance that frequently warrants such estoppel is 'when the signatory to the contract containing an arbitration clause raises allegations of substantially interdependent and concerted misconduct by both the non-signatory and one or more of the signatories to the contract.'" Ibid. (citation omitted).

2017Refusal to compel arbitration in such a setting "would render the arbitration between the signatories meaningless and thwart the state and federal policy in favor of arbitration." Ibid.

12017–2017
Angrisani v. Financial Technology Ventures green
njsuperctappdiv · 2008
2 sentences

2013The panel also *192 distinguished several federal eases that applied equitable estoppel to compel arbitration, finding that “those cases generally involved situations where a party to a contract containing an arbitration clause [sought] to bring an action ... against a non-signatory to the contract that [was] closely aligned to a contracting party, such as a parent or successor corporation.” Id. at 154 , 952 A.2d 1140 .

2013The panel also *192 distinguished several federal eases that applied equitable estoppel to compel arbitration, finding that “those cases generally involved situations where a party to a contract containing an arbitration clause [sought] to bring an action ... against a non-signatory to the contract that [was] closely aligned to a contracting party, such as a parent or successor corporation.” Id. at 154 , 952 A.2d 1140 .

12013–2013
MS Dealer Service Corp. v. Franklin green
ca11 · 1999
1 sentence

2009Corp. v. Franklin, 177 F. 3d 942 , 947 (11th Cir.1999) (signatory may be estopped from denying arbitration when "claims against a nonsignatory make[] reference to or presume[] the existence of the written agreement") (internal citations omitted); McBro Planning & Dev.

12009–2009
Grigson v. Creative Artists Agency, L.L.C. green
ca5 · 2000
1 sentence

2008However, those cases, with the possible exception of Grigson v. Creative Artists Agency, L.L.C., 210 F.3d 524 (5th Cir.), cert. denied, 531 U.S. 1013 , 121 S.Ct. 570 , 148 L.Ed.2d 488 (2000), do not stand for the broad proposition that a party can be forced to arbitrate a claim that he has not agreed to arbitrate based solely on that claim’s relationship to an agreement containing an arbitration provision.

12008–2008
Sunkist Soft Drinks, Inc., Del Monte Corporation, Nabisco Brands, Inc. v. Sunkist Growers, Inc. green
ca11 · 1993
1 sentence

2008For example, in Sunkist Soft Drinks v. Sunkist Growers, Inc., 10 F.3d 753 (11th Cir.1993), cert. denied, 513 U.S. 869 , 115 S.Ct. 190 , 130 L.Ed. 2d 123 (1994), Sunkist and SSD entered into a license agreement that contained an arbitration clause.

12008–2008
First Options of Chicago, Inc. v. Kaplan green
scotus · 1995
2 sentences

2008If the cases relied upon by FT Ventures actually held that a party to a contract containing an arbitration clause could be forced to arbitrate a claim against a non-signatory to the contract simply because his claim was “inextricably intertwined” with that contract, those eases could not be reconciled with the fundamental principle that “a party can be forced to arbitrate only those issues it has specifically agreed to submit to arbitration[.]” First Options, supra, 514 U.S. at 945 , 115 S.Ct. at 1925 , 131 L.Ed.2d at 994 .

2008If the cases relied upon by FT Ventures actually held that a party to a contract containing an arbitration clause could be forced to arbitrate a claim against a non-signatory to the contract simply because his claim was “inextricably intertwined” with that contract, those eases could not be reconciled with the fundamental principle that “a party can be forced to arbitrate only those issues it has specifically agreed to submit to arbitration[.]” First Options, supra, 514 U.S. at 945 , 115 S.Ct. at 1925 , 131 L.Ed.2d at 994 .

12008–2008
Velazquez v. United States green
scotus · 2000
1 sentence

2008However, those cases, with the possible exception of Grigson v. Creative Artists Agency, L.L.C., 210 F.3d 524 (5th Cir.), cert. denied, 531 U.S. 1013 , 121 S.Ct. 570 , 148 L.Ed.2d 488 (2000), do not stand for the broad proposition that a party can be forced to arbitrate a claim that he has not agreed to arbitrate based solely on that claim’s relationship to an agreement containing an arbitration provision.

12008–2008
Music Square Church v. United States green
scotus · 2000
1 sentence

2008However, those cases, with the possible exception of Grigson v. Creative Artists Agency, L.L.C., 210 F.3d 524 (5th Cir.), cert. denied, 531 U.S. 1013 , 121 S.Ct. 570 , 148 L.Ed.2d 488 (2000), do not stand for the broad proposition that a party can be forced to arbitrate a claim that he has not agreed to arbitrate based solely on that claim’s relationship to an agreement containing an arbitration provision.

12008–2008
Lincoln Loan Co. v. City of Portland green
scotus · 2000
1 sentence

2008However, those cases, with the possible exception of Grigson v. Creative Artists Agency, L.L.C., 210 F.3d 524 (5th Cir.), cert. denied, 531 U.S. 1013 , 121 S.Ct. 570 , 148 L.Ed.2d 488 (2000), do not stand for the broad proposition that a party can be forced to arbitrate a claim that he has not agreed to arbitrate based solely on that claim’s relationship to an agreement containing an arbitration provision.

12008–2008
Fodor v. Time Warner, Inc. green
scotus · 1994
1 sentence

2008For example, in Sunkist Soft Drinks v. Sunkist Growers, Inc., 10 F.3d 753 (11th Cir.1993), cert. denied, 513 U.S. 869 , 115 S.Ct. 190 , 130 L.Ed. 2d 123 (1994), Sunkist and SSD entered into a license agreement that contained an arbitration clause.

12008–2008
Lumbermens Mutual Casualty Co. v. S-W Industries, Inc. green
scotus · 1994
1 sentence

2008For example, in Sunkist Soft Drinks v. Sunkist Growers, Inc., 10 F.3d 753 (11th Cir.1993), cert. denied, 513 U.S. 869 , 115 S.Ct. 190 , 130 L.Ed. 2d 123 (1994), Sunkist and SSD entered into a license agreement that contained an arbitration clause.

12008–2008
Sunkist Growers, Inc. v. Del Monte Corp. green
scotus · 1994
1 sentence

2008For example, in Sunkist Soft Drinks v. Sunkist Growers, Inc., 10 F.3d 753 (11th Cir.1993), cert. denied, 513 U.S. 869 , 115 S.Ct. 190 , 130 L.Ed. 2d 123 (1994), Sunkist and SSD entered into a license agreement that contained an arbitration clause.

12008–2008

Where else courts name it

TX 93 (2001–2026) CA 44 (1949–2025) AL 27 (1983–2016) FL 13 (1999–2025) NY 13 (1930–2024) LA 12 (1977–2020) IL 10 (1981–2026) MS 10 (2000–2018) OH 10 (1998–2025) SC 9 (2004–2024) NC 8 (2005–2023) NJ 6 (2006–2020) MO 6 (1996–2016) MA 5 (1976–2017) CT 5 (1994–2007) CO 4 (2001–2019) GA 4 (2001–2025) DC 4 (1981–1996) ND 3 (1989–2021) NM 3 (2001–2014) WV 3 (2012–2022) HI 3 (2007–2013) DE 3 (2008–2024) AZ 3 (2011–2017) NE 3 (2015–2018) IN 3 (2012–2020) NV 2 (2015–2023) KS 2 (1984–2009) WA 2 (2007–2007) OR 2 (2011–2019) MT 2 (2000–2008)

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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