Legal Opinion

MBNA America Bank, N.A. v. Boata

Connecticut Appellate Court

Decided March 28, 2006No. AC 25788PublishedCited by 7 opinions

1Opinion of the Court

Opinion

DiPENTIMA, J.

The dispositive issue in this appeal is whether the trial court lacks subject matter jurisdiction to consider a claim that an issue is not subject to arbitration if that claim is not brought within thirty days of the issuance of notice of the arbitration award. Because we conclude that, under the circumstances of this case, the court had jurisdiction to consider the claim and the defendant was entitled to a hearing on the issue of whether an agreement to arbitrate existed, we reverse the court’s judgment and remand the case for further proceedings.

The following facts and…

2Cases cited11 opinions

  1. White v. KampnerSupreme Court of Connecticut · 1994
  2. Bennett v. MeaderSupreme Court of Connecticut · 1988
  3. City of New Britain v. Connecticut State Board of Mediation & ArbitrationSupreme Court of Connecticut · 1979
  4. Welch Group, Inc. v. Creative Drywall, Inc.Supreme Court of Connecticut · 1990
  5. Nussbaum v. Kimberly Timbers, Ltd.Supreme Court of Connecticut · 2004

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3Cited by7 opinions

  1. MBNA America Bank, N.A. v. BoataSupreme Court of Connecticut · 2007
  2. Yates v. CACV OF COLORADO, LLCCourt of Appeals of Georgia · 2010
  3. MBNA America Bank, N.A. v. CreditSupreme Court of Kansas · 2006
  4. Town of Enfield v. AFSCME, Council 4, Local 1029Connecticut Appellate Court · 2007
  5. MBNA America Bank, N.A. v. BaileyConnecticut Appellate Court · 2007

2 more not listed; retrieve them via the Exa API.

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