Legal Opinion

McMahon v. RMS Electronics, Inc.

District Court, S.D. New York

Decided August 23, 1985No. 85 Civ. 3799 (RWS)PublishedCited by 32 opinions

1Opinion of the Court

OPINION

SWEET, District Judge.

Defendant RMS Electronics, Inc. (“RMS”) has moved to stay all judicial proceedings under this action pending arbitration of claims asserted by plaintiff Kevin F. McMahon (“McMahon”). RMS asserts that every issue raised by McMahon’s complaint derives from an employment agreement between the two parties and that the arbitration clause provided in the agreement requires a stay of court proceedings pursuant to 9 U.S.C. § 3. In response, McMahon concedes that his five breach of contract claims are subject to arbitration but urges that three claims based on alleged…

2Cases cited11 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  3. Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
  4. In the Matter of the Arbitration Between Prudential Lines, Inc., and Exxon CorporationCourt of Appeals for the Second Circuit · 1983
  5. James E. Morgan v. Smith Barney, Harris Upham & Co.Court of Appeals for the Eighth Circuit · 1984

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3Cited by32 opinions

  1. Seifert v. US Home Corp.Supreme Court of Florida · 1999
  2. Leadertex, Inc. v. Morganton Dyeing & Finishing Corp.Court of Appeals for the Second Circuit · 1995
  3. Simula, Inc. v. Autoliv, Inc.Court of Appeals for the Ninth Circuit · 1999
  4. Simula, Inc. v. Autoliv, Inc.Court of Appeals for the Ninth Circuit · 1999
  5. Tracer Research Corp. v. National Environmental Services Company, Doing Business as Nesco Lab One Analytical, Inc. Eddy Paterson Albert McCutchanCourt of Appeals for the Ninth Circuit · 1994

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

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