Legal Opinion · Concurrence

Allied-Bruce v. Dobson

Supreme Court of Alabama

Decided November 3, 1995No. 1920473Published

1Concurrence

I concur in the opinion of the Court. I write specially to discuss the issue of when a party to an arbitration agreement is entitled to a jury trial on questions that concern the "scope" of arbitrable issues.

The United States Supreme Court's mandate on this topic is clear:

"[Supreme Court] cases of course establish that, in applying general state-law principles of contract interpretation to the interpretation of an arbitration agreement within the scope of the Act, see Perry v. Thomas, 482 U.S. 483, 493, n. 9, 107 S.Ct. 2520, 2527, n. 9, 96 L.Ed.2d 426 (1987), due regard must be given to the…

2Cases cited9 opinions

  1. Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
  2. Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
  3. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  4. Perry v. ThomasSupreme Court of the United States · 1987
  5. Norman E. Coleman v. Commissioner of Internal Revenue, Gary Holder v. Secretary of the Treasury and United States of AmericaCourt of Appeals for the Seventh Circuit · 1986

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