Legal Opinion
Large v. Conseco Finance Servicing Corp.
Court of Appeals for the First Circuit
Decided June 7, 2002No. 01-2136PublishedCited by 93 opinions
1Opinion of the Court
LIPEZ, Circuit Judge.
This case requires us to decide whether a borrower’s assertion of the right to rescind a loan transaction subject to the Truth in Lending Act (TILA), 15 U.S.C. §§ 1601 et seq., has the effect of voiding the transaction without resort to the arbitration procedure called for by a provision in the loan agreement between the parties. Concluding that the mere assertion of the right of rescission does not undo the obligation to take the rescission claim to arbitration, we affirm the district court’s grant of defendant-lender’s motion to compel arbitration. We also conclude that…
2Cases cited18 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
- Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
- Green Tree Financial Corp.-Alabama v. RandolphSupreme Court of the United States · 2000
- McCarthy v. AzureCourt of Appeals for the First Circuit · 1994
13 more not listed; retrieve them via the Exa API.
3Cited by93 opinions
- Carter v. Countrywide Credit Industries, Inc.Court of Appeals for the Fifth Circuit · 2004
- Saint Agnes Medical Center v. PacifiCare of CaliforniaCalifornia Supreme Court · 2003
- Zuver v. Airtouch Communications, Inc.Washington Supreme Court · 2004
- Zuver v. Airtouch Communications, Inc.Washington Supreme Court · 2004
- In Re Morgan Stanley & Co., Inc.Texas Supreme Court · 2009
88 more not listed; retrieve them via the Exa API.