Legal Opinion
In Re FRG
District Court, E.D. Pennsylvania
Decided June 4, 1990No. Bankruptcy No. 89-12766S, Civ. A. No. 90-2819PublishedCited by 32 opinions
1Opinion of the Court
MEMORANDUM
WALDMAN, District Judge.
In the recent case of Hays & Co. v. Merrill Lynch, Pierce, Fenner & Smith, 885 F.2d 1149 (3rd Cir.1989), the Third Circuit Court of Appeals held that federal courts lack discretion to deny enforcement of a contractual arbitration clause invoked in the context of a non-core adversary proceeding brought by a debtor’s trustee. In reaching its holding, the court cited the strong national policy favoring arbitration and the apparent lack of conflict, in the specific context of that case, between the policies underlying the American Arbitration Act, 9 U.S.C. § 1,…
2Cases cited8 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
- Hays and Company, as Trustee for Monge Oil Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1989
- Lindy Bros. Builders, Inc. Of Philadelphia v. American Radiator & Standard Sanitary Corp.Court of Appeals for the Third Circuit · 1976
- Evans v. BuchananCourt of Appeals for the Third Circuit · 1977
3 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Matter of National Gypsum Co.Court of Appeals for the Fifth Circuit · 1997
- Insurance Co. of North America v. NGC Settlement Trust & Asbestos Claims Management Corp.Court of Appeals for the Fifth Circuit · 1997
- American Freight System, Inc. v. Consumer Products Associates (In Re American Freight System, Inc.)District Court, D. Kansas · 1994
- In Re: Ethel Marie Mintze, Debtor. Ethel Marie Mintze v. American General Financial Services, Inc., F/k/a American General Finance, Inc. American General Consumer Discount Co., Collectively, "American General", Edward Sparkman, Esq. Frederic J. Baker, Esq., TrusteesCourt of Appeals for the Third Circuit · 2006
- Kittay v. Landegger (In Re Hagerstown Fiber Ltd. Partnership)United States Bankruptcy Court, S.D. New York · 2002
27 more not listed; retrieve them via the Exa API.