Legal Opinion
Chiron Corporation, a Delaware Corporation v. Ortho Diagnostic Systems, Inc., a New Jersey Corporation
Court of Appeals for the Ninth Circuit
Decided March 28, 2000No. 19-15662PublishedCited by 754 opinions
1Opinion of the Court
McKEOWN, Circuit Judge:
This case requires us to decide whether the res judicata effect of a prior arbitration award on a subsequent arbitration is an issue to be determined by an arbitrator or by the court. We are not presented with a disagreement over whether the parties agreed to arbitrate. They clearly did, and the dispute falls squarely within their broad arbitration agreement. Rather, the issue before us is who should adjudicate the preclusive effect of a res judicata defense. Because res judicata is a legal defense that is necessarily intertwined with the merits, we join the Second…
2Cases cited15 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
- Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
- Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
- Mastrobuono v. Shearson Lehman Hutton, Inc.Supreme Court of the United States · 1995
10 more not listed; retrieve them via the Exa API.
3Cited by754 opinions
- Sprewell v. Golden State WarriorsCourt of Appeals for the Ninth Circuit · 2001
- Kevin Nguyen v. Barnes & Noble Inc.Court of Appeals for the Ninth Circuit · 2014
- Erik Knutson v. Sirius Xm Radio Inc.Court of Appeals for the Ninth Circuit · 2014
- Jessica Kramer v. Toyota Motor CorporationCourt of Appeals for the Ninth Circuit · 2013
- James L. Ticknor Janet Ticknor Larry Ticknor Tickco Holding, L.L.C. Ticknor Lodging Corporation v. Choice Hotels International, Inc.Court of Appeals for the Ninth Circuit · 2001
749 more not listed; retrieve them via the Exa API.