Legal Opinion
Joca-Roca Real Estate LLC v. Brennan, Jr.
Court of Appeals for the First Circuit
Decided December 1, 2014No. 14-1353PublishedCited by 31 opinions
1Opinion of the Court
SELYA, Circuit Judge.
Federal law favors agreements to arbitrate. Thus, when contracting parties provide that disputes arising under a contract will be resolved by arbitration, federal courts ordinarily will honor that choice. But arbitration clauses are not set in ce ment: such clauses can be waived, either expressly or through conduct. The court below found such a conduct-based waiver and denied the plaintiffs motion to stay court proceedings in order to clear the way for arbitration. The plaintiff appeals. We affirm.
The stage is easily set. On September 18, 2005, plaintiff-appellant…
2Cases cited16 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
- Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
- Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
- Marie v. Allied Home Mortgage Corp.Court of Appeals for the First Circuit · 2005
11 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Morgan v. Sundance, Inc.Supreme Court of the United States · 2022
- Paige Martin v. Gary YasudaCourt of Appeals for the Ninth Circuit · 2016
- Toddle Inn Franchising, LLC v. KPJ Associates LLCCourt of Appeals for the First Circuit · 2021
- Rita Cusimano v. Andrew v. Schnurr Bernard v. StrianeseNew York Court of Appeals · 2015
- FPE Foundation v. CohenCourt of Appeals for the First Circuit · 2015
26 more not listed; retrieve them via the Exa API.