Legal Opinion

Paragon Litig. Trust v. Noble Corp. PLC (In re Paragon Offshore PLC)

United States Bankruptcy Court, D. Delaware

Decided August 6, 2018No. Case No.: 16-10386 (CSS); Adv. Proc. No.: 17-51882(CSS)PublishedCited by 8 opinions

1Opinion of the CourtSontchi, C.J.

INTRODUCTION2

Before the Court is Defendants' Motion to Dismiss in Favor of Arbitration and to Stay the Proceedings over certain claims that allegedly occurred as part of the Spin-Off of Paragon and Noble.

There can be no question that there is a strong, indeed overwhelming, federal policy in favor of arbitration. The Supreme Court has repeatedly said so, as recently as a few months ago.3 Yet even the federal policy in favor of arbitration has its limits. This is such a case. Here certain officers and directors of parties to a contract containing *741a broad Arbitration Provision seek to require…

2Cases cited74 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
  4. In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
  5. First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995

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3Cited by8 opinions

  1. CARRONE v. UNITEDHEALTH GROUP, INC.District Court, D. New Jersey · 2020
  2. GNH Group, Inc. v. Premier Motorsports Properties, LLCDistrict Court, D. Delaware · 2020
  3. Hardy v. NiSource Inc.District Court, N.D. Indiana · 2023
  4. Hardy v. NiSource Inc.District Court, N.D. Oklahoma · 2023
  5. Hon Hai Precision Industry Co., Ltd. v. Nu Ride Inc.District Court, D. Delaware · 2025

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