Legal Opinion

McCarthy v. Azure

Court of Appeals for the First Circuit

Decided April 28, 1994No. 93-1842PublishedCited by 266 opinions

1Opinion of the Court

SELYA, Circuit Judge.

This appeal presents intriguing questions anent the rights of a corporate officer who, having signed an agreement containing an arbitration clause in his official capacity, seeks to compel arbitration of claims lodged against him as an individual. The district court refused to order arbitration under these circumstances. We affirm.

I. BACKGROUND

For purposes of this appeal, the facts can be taken essentially as alleged. In 1987, plaintiff-appellee Walton W. McCarthy, a renowned inventor of underground shelter technology, incorporated T.H.E.TA. Technologies, Inc. (Theta I),…

2Cases cited62 opinions

  1. Kentucky v. GrahamSupreme Court of the United States · 1985
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  4. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  5. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991

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

3Cited by266 opinions

  1. Ross-Simons of Warwick, Inc. v. Baccarat, Inc.Court of Appeals for the First Circuit · 1996
  2. Century Indemnity Co. v. Certain Underwriters at Lloyd's, LondonCourt of Appeals for the Third Circuit · 2009
  3. Bridas S.A.P.I.C. v. Government of TurkmenistanCourt of Appeals for the Fifth Circuit · 2003
  4. Intergen N v. v. GrinaCourt of Appeals for the First Circuit · 2003
  5. In Re Merrill Lynch Trust Co. FSBTexas Supreme Court · 2007

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

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