Topic: unless it can be said with positive assurance that an arbit… · Go Syfert
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Topic #4626

7 canonical passages across 5 cases, quoted by 72 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Prudential Securities Inc. v. Marshall.

#Case FlagCanonical passage Citers
1 Prudential Securities Inc. v. Marshall Anchor
tex · 1995
green “unless it can be said with positive assurance that an arbitration clause is not susceptible of an interpretation which would cover the dispute at issue.” 21
2 Jody James Farms, Jv v. the Altman Group, Inc. and Laurie Diaz
tex · 2018
green “who is bound by an arbitration agreement is normally a function of the parties' intent, as expressed in the agreement's terms.” 17
3 Prudential Securities Inc. v. Marshall
tex · 1995
green “is so compelling that a court should not deny arbitration 'unless it can be said with positive assurance that an arbitration clause is not susceptible of an interpretation which would cover the dispute at issue.” 11
4 In Re Weekley Homes, L.P.
tex · 2005
green “liability arises solely from the contract or must be determined by reference to it.” 8
5 Prudential Securities Inc. v. Marshall
tex · 1995
green “a court should not deny arbitration 'unless it can be said with positive assurance that an arbitration clause is not susceptible of an interpretation which would cover the dispute at issue.” 7
6 Glassell Producing Company, Inc. v. Jared Resources, Ltd.
texapp · 2014
green “claim is not subject to arbitration only if the facts alleged in support of the claim are completely independent of the contract and the claim could be maintained without reference to the contract.” 5
7 In Re Morgan Stanley & Co., Inc.
tex · 2009
green “arises from general obligations imposed by state law, including statutes, torts and other common law duties, or federal law.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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