Legal Opinion

Avedon Engineering, Inc. v. Seatex

Court of Appeals for the Tenth Circuit

Decided October 3, 1997No. 96-1066PublishedCited by 121 opinions

1Opinion of the Court

SEYMOUR, Chief Judge.

In this breach of contract action against Seatex, 1 Twist 2 appeals the district court’s denial of a jury trial on the issue of whether its contract with Seatex included an agreement to arbitrate, and the district court’s stay of litigation pending arbitration. Twist also appeals the grant of summary judgment to Seatex for Twist’s failure to timely arbitrate. Because we conclude the district court erred by failing to make a choice of law determination before resolving those issues, we reverse and remand for further proceedings consistent with this opinion.

I

Twist was…

2Cases cited26 opinions

  1. First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
  2. Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
  3. Southland Corp. v. KeatingSupreme Court of the United States · 1984
  4. Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996
  5. Perry v. ThomasSupreme Court of the United States · 1987

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

3Cited by121 opinions

  1. Hancock v. American Telephone & Telegraph Co.Court of Appeals for the Tenth Circuit · 2012
  2. Sharon Floss v. Ryan's Family Steak Houses, Inc., Kyle Daniels v. Ryan's Family Steak Houses, Inc.Court of Appeals for the Sixth Circuit · 2000
  3. Howard v. Ferrellgas Partners, L.P.Court of Appeals for the Tenth Circuit · 2014
  4. Bayway Refining Company, Tosco Corporation, Counter v. Oxygenated Marketing and Trading A.G., CounterCourt of Appeals for the Second Circuit · 2000
  5. BOSC, Inc. v. Board of County CommissionersCourt of Appeals for the Tenth Circuit · 2017

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