Grigson v. Creative Artists Agency, L.L.C.

“[NJearly anything can be called estop-pel. When a lawyer or a judge does not know what other name to give for his decision to decide a case in a certain' way, he says there is an estoppel.” 1 The trouble with that kind of use. of the estoppel label by the majority in this case making circuit precedent is that it will seriously hinder this court in upholding the basic principle that a person has a right to a court’s decision about the merits of a dispute unless he has agreed to submit it to arbitration. Because the majority decision conflicts with the Supreme Court’s recent emphatic…