Legal Opinion
Merrill v. MBNA America Bank, N.A. (In Re Merrill)
United States Bankruptcy Court, D. Maine
Decided June 16, 2006No. 19-10065PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
JAMES B. HAINES, JR., Bankruptcy Judge.
Before me is the defendants’ motion seeking an order compelling arbitration of all issues raised in the plaintiffs’ six-count complaint. The plaintiffs, in turn, ask that all counts be tried in this court. I conclude that only as to the count seeking damages for the defendants’ alleged breach of the automatic stay (Count I) have the plaintiffs met their burden to show that the relief they seek inherently conflicts with the Federal Arbitration Act. Thus, the defendants’ motion will be granted in substantial part and denied only as to…
2Cases cited18 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
- Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
- Rodriguez De Quijas v. Shearson/American Express, Inc.Supreme Court of the United States · 1989
- Green Tree Financial Corp.-Alabama v. RandolphSupreme Court of the United States · 2000
13 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rushing v. Green Tree Servicing, LLC (In Re Rushing)United States Bankruptcy Court, E.D. Texas · 2010
- Walker v. Got'cha Towing & Recovery, LLC (In re Walker)United States Bankruptcy Court, M.D. Georgia · 2016
- Jalbert v. Zurich American Insurance (In Re Payton Construction Corp.)United States Bankruptcy Court, D. Massachusetts · 2009
- Brown v. Mortgage Electronic Registration Systems, Inc. (In Re Brown)District Court, D. Rhode Island · 2006
- Cooley v. Wells Fargo Financial (In Re Cooley)United States Bankruptcy Court, N.D. Alabama · 2007
6 more not listed; retrieve them via the Exa API.