Legal Opinion
FIA Card Services, N.A. v. Weaver
Supreme Court of Louisiana
Decided March 15, 2011No. 2010-C-1372PublishedCited by 33 opinions
1Opinion of the CourtKnoll, J.
| ,In this civil writ, we are called on to resolve a narrow question of law under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”). Specifically, we address whether a party who does not file an action to vacate an arbitral award within three months thereby waives all affirmative defenses to a suit seeking confirmation of the award, including the defense that there is no valid arbitration agreement between the parties.
*711Under the plain language of the FAA, a party seeking to confirm an arbitral award must provide the court with a copy of the arbitration agreement between the…
2Cases cited42 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Southland Corp. v. KeatingSupreme Court of the United States · 1984
- American Home Building Co. v. SlateLouisiana Court of Appeal · 1928
- Ottley v. SchwartzbergCourt of Appeals for the Second Circuit · 1987
- Taylor v. NelsonCourt of Appeals for the Fourth Circuit · 1986
37 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Hodges v. ReasonoverSupreme Court of Louisiana · 2012
- Capital One Bank (USA), NA v. SanchesLouisiana Court of Appeal · 2013
- Jasper Contractors, Inc. v. E-Claim.com, LLCLouisiana Court of Appeal · 2012
- Asset Acceptance, LLC v. TylerAppellate Court of Illinois · 2012
- Williams v. International Offshore Services, LLCLouisiana Court of Appeal · 2012
28 more not listed; retrieve them via the Exa API.