Legal Opinion

Abdullayeva v. Attending Home Care Services, LLC

Court of Appeals for the Second Circuit

Decided July 2, 2019No. 18-651PublishedCited by 81 opinions

1Opinion of the Court

Debra Ann Livingston, Circuit Judge:

Defendant-Appellant Attending Homecare Services LLC ("Attending") appeals from a March 5, 2018 Memorandum and Order of the United States District Court for the Eastern District of New York (Weinstein, J .), denying Attending's motion to compel arbitration. On appeal, Attending argues that the district court erred in determining that (1) the arbitration clause in the collective bargaining agreement ("CBA") permitted, rather than mandated, arbitration; and (2) the arbitration clause denied due process to Attending's employees. We conclude that the arbitration…

2Cases cited20 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
  3. Nicosia v. Amazon.com, Inc.Court of Appeals for the Second Circuit · 2016
  4. Epic Systems Corp. v. LewisSupreme Court of the United States · 2018
  5. American Express Co. v. Italian Colors RestaurantSupreme Court of the United States · 2013

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3Cited by81 opinions

  1. Bradley Darrington v. Milton Hershey SchoolCourt of Appeals for the Third Circuit · 2020
  2. ABM Indus. Groups, LLC v. Int'l Union of Operating Eng'rsCourt of Appeals for the Second Circuit · 2020
  3. Hichez v. United Jewish Council of the E. Side, Home Attendant Serv. Corp.Appellate Division of the Supreme Court of the State of New York · 2020
  4. Brent Electric Company v. International Brotherhood of Electrical WorkersCourt of Appeals for the Tenth Circuit · 2024
  5. Hughes Communications India Private Limited v. the DirecTV Group, Inc.Court of Appeals for the Second Circuit · 2023

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