contract containing the arbitration clause (Delaware) · Go Syfert
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contract containing the arbitration clause in Delaware

5 Delaware opinions name it 2 courts 2002–2023 2 in the last five years

The cases below were cited by Delaware 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
Nagle v. Nadelhoffer, Nagle, Kuhn, Mitchell, Moss and Saloga, PCgreen
illappct · 1993 · cited in 1 Delaware opinions naming this issue, 2016–2016
2 sentences

2016No. 11240-VCN February 26, 2016 Page 9 search of overlap.27 A separate contract’s tendency to address one portion of a broader project contemplated in the contract containing the arbitration clause has therefore weighed in favor of extending the clause’s reach.28 Further, courts have considered the respective contracts’ internal structures—in particular, the degree to which the two contracts overlap with, depend on, or interrelate with, one another.29 To that end, the fact that two contracts contained similar provisions and were 27 See, e.g., id. at 337 (holding that it was unclear whether two

2016No. 11240-VCN February 26, 2016 Page 9 search of overlap.27 A separate contract’s tendency to address one portion of a broader project contemplated in the contract containing the arbitration clause has therefore weighed in favor of extending the clause’s reach.28 Further, courts have considered the respective contracts’ internal structures—in particular, the degree to which the two contracts overlap with, depend on, or interrelate with, one another.29 To that end, the fact that two contracts contained similar provisions and were 27 See, e.g., id. at 337 (holding that it was unclear whether two

11
Majkowski v. American Imaging Management Services, LLCgreen
delch · 2006 · cited in 1 Delaware opinions naming this issue, 2012–2012
1 sentence

2012Consistent with Parfi, this Court has not required arbitration of causes of action that were “not to any degree intertwined” with the contract containing the arbitration clause, NAMA, 922 A.2d at 434 , or where the party could plead its affirmative claim “without ever mentioning” the contract containing the arbitration clause, Majkowslci v. American Imaging Management Services LLC, 913 A.2d 572, 583 (Del.Ch.2006).

11
Ford v. NYLCare Health Plans of the Gulf Coast, Inc.green
ca5 · 1998 · cited in 1 Delaware opinions naming this issue, 2002–2002
1 sentence

2002See Havens v. Attar, 1997 WL 55957 (Del.Ch.) at *5 (holding that if an agreement is merely a "source of information that the Court may find useful in its analysis of the plaintiffs’ claims” then the agreement does not require arbitration of the claim); see also NYLCare Health Plans, 141 F.3d at 251 ("The fact that the complaint specifically referred to, and related as a factual matter to, the contract containing the arbitration clause [is] ... irrelevant.”) (analyzing Fridl v. Cook, 908 S.W.2d 507, 513 (Tex.App.1995)). 26 .

11
Fridl v. Cookgreen
texapp · 1995 · cited in 1 Delaware opinions naming this issue, 2002–2002
1 sentence

2002See Havens v. Attar, 1997 WL 55957 (Del.Ch.) at *5 (holding that if an agreement is merely a "source of information that the Court may find useful in its analysis of the plaintiffs’ claims” then the agreement does not require arbitration of the claim); see also NYLCare Health Plans, 141 F.3d at 251 ("The fact that the complaint specifically referred to, and related as a factual matter to, the contract containing the arbitration clause [is] ... irrelevant.”) (analyzing Fridl v. Cook, 908 S.W.2d 507, 513 (Tex.App.1995)). 26 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Parfi Holding AB v. Mirror Image Internet, Inc. green
del · 2002
2 sentences

2023Id. at 156 n.24.

2022Parfi, 817 A.2d at 155 .

32012–2023
A.E. Staley Manufacturing Co. v. Robertson green
illappct · 1990
2 sentences

2016No. 11240-VCN February 26, 2016 Page 9 search of overlap.27 A separate contract’s tendency to address one portion of a broader project contemplated in the contract containing the arbitration clause has therefore weighed in favor of extending the clause’s reach.28 Further, courts have considered the respective contracts’ internal structures—in particular, the degree to which the two contracts overlap with, depend on, or interrelate with, one another.29 To that end, the fact that two contracts contained similar provisions and were 27 See, e.g., id. at 337 (holding that it was unclear whether two

2016No. 11240-VCN February 26, 2016 Page 9 search of overlap.27 A separate contract’s tendency to address one portion of a broader project contemplated in the contract containing the arbitration clause has therefore weighed in favor of extending the clause’s reach.28 Further, courts have considered the respective contracts’ internal structures—in particular, the degree to which the two contracts overlap with, depend on, or interrelate with, one another.29 To that end, the fact that two contracts contained similar provisions and were 27 See, e.g., id. at 337 (holding that it was unclear whether two

12016–2016
Ozdeger v. Altay green
illappct · 1978
2 sentences

2016No. 11240-VCN February 26, 2016 Page 9 search of overlap.27 A separate contract’s tendency to address one portion of a broader project contemplated in the contract containing the arbitration clause has therefore weighed in favor of extending the clause’s reach.28 Further, courts have considered the respective contracts’ internal structures—in particular, the degree to which the two contracts overlap with, depend on, or interrelate with, one another.29 To that end, the fact that two contracts contained similar provisions and were 27 See, e.g., id. at 337 (holding that it was unclear whether two

2016No. 11240-VCN February 26, 2016 Page 9 search of overlap.27 A separate contract’s tendency to address one portion of a broader project contemplated in the contract containing the arbitration clause has therefore weighed in favor of extending the clause’s reach.28 Further, courts have considered the respective contracts’ internal structures—in particular, the degree to which the two contracts overlap with, depend on, or interrelate with, one another.29 To that end, the fact that two contracts contained similar provisions and were 27 See, e.g., id. at 337 (holding that it was unclear whether two

12016–2016
Rosenblum v. Travelbyus.Com Limited green
ca7 · 2002
1 sentence

2016No. 11240-VCN February 26, 2016 Page 9 search of overlap.27 A separate contract’s tendency to address one portion of a broader project contemplated in the contract containing the arbitration clause has therefore weighed in favor of extending the clause’s reach.28 Further, courts have considered the respective contracts’ internal structures—in particular, the degree to which the two contracts overlap with, depend on, or interrelate with, one another.29 To that end, the fact that two contracts contained similar provisions and were 27 See, e.g., id. at 337 (holding that it was unclear whether two

12016–2016
NAMA Holdings, LLC v. Related World Market Center, LLC green
delch · 2007
1 sentence

2012Consistent with Parfi, this Court has not required arbitration of causes of action that were “not to any degree intertwined” with the contract containing the arbitration clause, NAMA, 922 A.2d at 434 , or where the party could plead its affirmative claim “without ever mentioning” the contract containing the arbitration clause, Majkowslci v. American Imaging Management Services LLC, 913 A.2d 572, 583 (Del.Ch.2006).

12012–2012

Where else courts name it

FL 51 (1997–2025) TX 46 (2001–2023) CA 33 (1995–2025) AL 30 (1993–2025) OH 27 (1991–2024) NY 13 (1949–2020) IL 12 (1983–2025) NC 8 (2002–2024) WA 8 (2003–2024) IN 8 (1999–2017) MS 5 (2004–2011) DE 5 (2002–2023) LA 5 (2006–2024) WV 5 (2020–2021) SC 4 (2012–2023) OK 4 (2007–2011) MD 3 (2008–2012) GA 3 (2003–2026) HI 3 (2004–2020) CT 3 (1992–2007) NM 2 (2004–2005) MI 2 (2011–2016) MO 2 (1996–2006) NJ 2 (1998–2024) MN 2 (1972–1988)

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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