Legal Opinion
Bridge Fund Capital Corp. v. Fastbucks Franchise Corp.
Court of Appeals for the Ninth Circuit
Decided September 16, 2010No. 19-55611PublishedCited by 118 opinions
1Opinion of the Court
OPINION
MILAN D. SMITH, JR., Circuit Judge:
In this case, we consider whether the “crux of the complaint” rule requires the question of arbitrability to be determined by the arbitrator when a plaintiffs challenge to the arbitration clause does not appear in his complaint. We hold that, as long as the plaintiffs challenge to the validity of an arbitration clause is a distinct question from the validity of the contract as a whole, the question of arbitrability is for the court to decide regardless of whether the specific challenge to the arbitration clause is raised as a distinct claim in the…
2Cases cited25 opinions
- Buckeye Check Cashing, Inc. v. CardegnaSupreme Court of the United States · 2006
- Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996
- Connie A. Nagrampa v. Mailcoups, Inc. The American Arbitration AssociationCourt of Appeals for the Ninth Circuit · 2006
- Armendariz v. Found. Health Psychcare Servs., Inc.California Supreme Court · 2000
- Engalla v. Permanente Medical Group, Inc.California Supreme Court · 1997
20 more not listed; retrieve them via the Exa API.
3Cited by118 opinions
- Carey Brennan v. Opus BankCourt of Appeals for the Ninth Circuit · 2015
- Caitlin Ahearn v. Hyundai Motor AmericaCourt of Appeals for the Ninth Circuit · 2019
- Ruiz v. Affinity Logistics Corp.Court of Appeals for the Ninth Circuit · 2012
- In re Facebook Biometric Information Privacy LitigationDistrict Court, N.D. California · 2016
- Pinela v. Neiman Marcus Group, Inc.California Court of Appeal · 2015
113 more not listed; retrieve them via the Exa API.