inducement of the arbitration clause (District of Columbia) · Go Syfert
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inducement of the arbitration clause in District of Columbia

5 District of Columbia opinions name it 1 courts 1989–2013 0 in the last five years

The cases below were cited by District of Columbia 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 (6)

CaseFollowedCited
Hercules & Co. v. Shama Restaurant Corp.green
dc · 1989 · cited in 2 District of Columbia opinions naming this issue, 1991–2010
2 sentences

2010Corp., 566 A.2d 31, 39 (D.C.1989) ("We recognize that if there is a claim of fraud in the inducement of the arbitration clause itself — an issue which goes to the making of the agreement to arbitrate — the court may proceed to adjudicate it.") (internal citations omitted); Nagrampa v. MailCoups, Inc., 469 F.3d 1257, 1263-64 (9th Cir.2006) (en banc) ("[I]t was error to hold that consideration of the uncon-scionability of the arbitration provision was to be determined by the arbitrator.... [Wjhen the crux of the complaint is ... the arbitration provision itself, then the federal courts must deci

1991See, e.g., Hercules & Co. v. Shama Restaurant Corp., 566 A.2d 31 (D.C.1989) (after trial court concluded that allegations of fraud in the inducement of the agreement and allegations of fraud in the inducement of the arbitration clause were insufficient as a matter of law, court stayed its proceedings pending arbitration).

22
Prima Paint Corp. v. Flood & Conklin Mfg. Co.green
scotus · 1967 · cited in 3 District of Columbia opinions naming this issue, 1989–2013
2 sentences

2013Co., 388 U.S. 395, 402 , 87 S.Ct. 1801 , 18 L.Ed.2d 1270 (1967) (holding that it is for the federal court to adjudicate a claim of fraud in the inducement of the arbitration clause itself, but not claims of fraud in the inducement of the contract as a whole); Keeton v. Wells Fargo Corp., 987 A.2d 1118, 1122 (D.C.2010) (holding that a claim that the arbitration clause is unconscionable disputes *664 its validity and is for the court, not the arbitrator, to decide).

2013Co., 388 U.S. 395, 402 , 87 S.Ct. 1801 , 18 L.Ed.2d 1270 (1967) (holding that it is for the federal court to adjudicate a claim of fraud in the inducement of the arbitration clause itself, but not claims of fraud in the inducement of the contract as a whole); Keeton v. Wells Fargo Corp., 987 A.2d 1118, 1122 (D.C.2010) (holding that a claim that the arbitration clause is unconscionable disputes *664 its validity and is for the court, not the arbitrator, to decide).

13
Keeton v. Wells Fargo Corp.green
dc · 2010 · cited in 1 District of Columbia opinions naming this issue, 2013–2013
1 sentence

2013Co., 388 U.S. 395, 402 , 87 S.Ct. 1801 , 18 L.Ed.2d 1270 (1967) (holding that it is for the federal court to adjudicate a claim of fraud in the inducement of the arbitration clause itself, but not claims of fraud in the inducement of the contract as a whole); Keeton v. Wells Fargo Corp., 987 A.2d 1118, 1122 (D.C.2010) (holding that a claim that the arbitration clause is unconscionable disputes *664 its validity and is for the court, not the arbitrator, to decide).

11
Beverly Burden v. Check Into Cash of Kentucky, LLCgreen
ca6 · 2001 · cited in 1 District of Columbia opinions naming this issue, 2010–2010
1 sentence

2010Corp., 566 A.2d 31, 39 (D.C.1989) ("We recognize that if there is a claim of fraud in the inducement of the arbitration clause itself — an issue which goes to the making of the agreement to arbitrate — the court may proceed to adjudicate it.") (internal citations omitted); Nagrampa v. MailCoups, Inc., 469 F.3d 1257, 1263-64 (9th Cir.2006) (en banc) ("[I]t was error to hold that consideration of the uncon-scionability of the arbitration provision was to be determined by the arbitrator.... [Wjhen the crux of the complaint is ... the arbitration provision itself, then the federal courts must deci

11
Connie A. Nagrampa v. Mailcoups, Inc. The American Arbitration Associationgreen
ca9 · 2006 · cited in 1 District of Columbia opinions naming this issue, 2010–2010
1 sentence

2010Corp., 566 A.2d 31, 39 (D.C.1989) ("We recognize that if there is a claim of fraud in the inducement of the arbitration clause itself — an issue which goes to the making of the agreement to arbitrate — the court may proceed to adjudicate it.") (internal citations omitted); Nagrampa v. MailCoups, Inc., 469 F.3d 1257, 1263-64 (9th Cir.2006) (en banc) ("[I]t was error to hold that consideration of the uncon-scionability of the arbitration provision was to be determined by the arbitrator.... [Wjhen the crux of the complaint is ... the arbitration provision itself, then the federal courts must deci

11
Moseley v. Electronic & Missile Facilities, Inc.green
scotus · 1963 · cited in 1 District of Columbia opinions naming this issue, 1989–1989
2 sentences

1989Co., 388 U.S. 395, 404 , 87 S.Ct. 1801, 1806 , 18 L.Ed.2d 1270 (1967); see also Moseley v. Electronic & Missile Facilities, Inc., 374 U.S. 167 , 83 S.Ct. 1815 , 10 L.Ed.2d 818 (1963).

1989Co., 388 U.S. 395, 404 , 87 S.Ct. 1801, 1806 , 18 L.Ed.2d 1270 (1967); see also Moseley v. Electronic & Missile Facilities, Inc., 374 U.S. 167 , 83 S.Ct. 1815 , 10 L.Ed.2d 818 (1963).

11

Distinguished, questioned or overruled (0)

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

Statutes the citing opinions construe

USC § 9u.s.c.1 (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 15 (1977–2022) AL 9 (1992–2016) TX 8 (2001–2018) WA 6 (2007–2012) OH 5 (1992–2002) FL 5 (1991–2011) DC 5 (1989–2013) TN 4 (2004–2020) NY 4 (1971–2017) OK 4 (1996–2011) HI 4 (2013–2025) MD 4 (1975–2022) AZ 3 (2011–2025) NC 3 (2001–2020) MT 3 (1989–2016) IL 3 (2008–2015) LA 3 (1997–2012) MN 3 (1991–1995) AR 2 (2010–2012) ND 2 (1980–2016) RI 2 (2001–2001) NV 2 (1982–2011) NJ 2 (2019–2024) SC 2 (2004–2023) MA 2 (1980–1994)

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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