Legal Opinion

Nitro Distributing, Inc. v. Alticor, Inc.

Court of Appeals for the Eighth Circuit

Decided July 11, 2006No. 05-3686PublishedCited by 5 opinions

1Opinion of the Court

BRIGHT, Circuit Judge.

Alticor, Inc., Amway Corporation, and Quixtar, Inc. (collectively “Amway”) appeal the district court’s 1 order denying their Motion to Dismiss, or in the Alternative, to Stay the Case and Compel Arbitration. On appeal, they argue (1) the district court erred in determining that Amway’s arbitration agreement does not bind the plaintiffs, and (2) the district court erred in determining that the arbitration agreement was proeedurally and substantively unconscionable. We affirm the district court on the first point on appeal and do not reach the second point.

Background

The…

2Cases cited5 opinions

  1. Thomson-Csf, S.A. v. American Arbitration Association, Evans & Sutherland Computer CorporationCourt of Appeals for the Second Circuit · 1995
  2. Pritzker v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1993
  3. Robert Keymer v. Management Recruiters International, Inc.Court of Appeals for the Eighth Circuit · 1999
  4. Cd Partners, LLC v. GrizzleCourt of Appeals for the Eighth Circuit · 2005
  5. Dominium Austin Partners v. EmersonCourt of Appeals for the Eighth Circuit · 2001

3Cited by5 opinions

  1. DK Joint Venture 1 v. WeyandCourt of Appeals for the Fifth Circuit · 2011
  2. Covington v. ABAN OFFSHORE LTD.Court of Appeals for the Fifth Circuit · 2011
  3. Wojtalewicz v. Pioneer Hi-Bred International, Inc.District Court, D. Nebraska · 2013
  4. Nitro Distributing, Inc. v. Alticor, Inc.Court of Appeals for the Eighth Circuit · 2006
  5. Wojtalewicz v. Pioneer Hi-Bred International, Inc.District Court, D. Nebraska · 2012

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