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Bangor Hydro-Electric Co. v. New England Tel. and Tel. Co.

62 F. Supp. 2d 152 (D. Me. 1999)
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Bangor Hydro-Electric Co. v. New England Tel. and Tel. Co.

5 Citing cases

  1. Inner Space Services, Inc. v. Atkinson Construction Corp.

    00-380-P-H (D. Me. Mar. 13, 2001)

    In order to grant a motion brought pursuant to these provisions, the Court must find that (i) there exists a written agreement to arbitrate, (ii) the dispute in question falls within the scope of that arbitration agreement, and (iii) the party seeking an arbitral forum has not waived its right to arbitration. Bangor Hydro-Elec. Co. v. New England Tel. Tel. Co., 62 F. Supp.2d 152, 155 (D.Me. 1999). "The question whether the parties agreed to arbitrate certain matters [is] for the court to decide."

  2. Cullinane v. Uber Techs., Inc.

    893 F.3d 53 (1st Cir. 2018)   Cited 99 times   3 Legal Analyses
    Holding Uber's user agreement was not reasonably communicated where Uber did not require users to mark box stating they agreed to set of terms before continuing to next screen, and instead simply displayed notice of deemed acquiescence and link to terms

    Therefore, in deciding a motion to compel arbitration, a court must first determine "whether '... there exists a written agreement to arbitrate.' " Combined Energies v. CCI, Inc., 514 F.3d 168, 171 (1st Cir. 2008) (quoting Bangor Hydro-Elec. Co. v. New Eng. Tel. & Tel. Co., 62 F.Supp.2d 152, 155 (D. Me. 1999) ). The burden of making that showing lies on the party seeking to compel arbitration.

  3. McKenzie v. Brannan

    496 F. Supp. 3d 518 (D. Me. 2020)   Cited 5 times
    Finding that a stay was "more sensible" given the possibility that the arbitral body could conclude that the dispute was not arbitrable

    (i) there exists a written agreement to arbitrate, (ii) the dispute in question falls within the scope of that arbitration agreement, and (iii) the party seeking an arbitral forum has not waived its rights to arbitration. Id. at 7 (quoting Bangor Hydro-Elec. Co. v. New England Tel. & Tel. Co. , 62 F. Supp. 2d 152, 155 (D. Me. 1999) ). As to the first factor, the Estate claims that "there can be no dispute that there is a written agreement to arbitrate."

  4. Ceder v. Securitas Sec. Servs. USA, Inc.

    Docket No. 1:17-cv-00422-NT (D. Me. May. 14, 2018)   Cited 1 times

    Federal courts will grant a motion to stay a case and compel arbitration pursuant to the FAA when "(i) there exists a written agreement to arbitrate, (ii) the dispute falls within the scope of that arbitration agreement, and (iii) the party seeking an arbitral forum has not waived its right to arbitration." Combined Energies v. CCI, Inc., 514 F.3d 168, 171 (1st Cir. 2008) (quoting Bangor Hydro-Elec. Co. v. New England Tel. & Tel. Co., 62 F. Supp. 2d 152, 155 (D. Me. 1999)). DISCUSSION

  5. Caguas Satellite Corp. v. Echostar Satellite LLC

    824 F. Supp. 2d 309 (D.P.R. 2011)   Cited 7 times
    Holding that the plaintiff's electronic signature demonstrated that she “agreed to the arbitration provision and is therefore bound by its terms.”

    These three requirements are: (1) a written agreement to arbitrate exists, (ii) the dispute falls within the scope of that arbitration agreement, and (iii) the party seeking an arbitral forum has not waived its right to arbitration. Id. (citing Bangor Hydro–Electric Co. v. New England Tel. & Tel. Co., 62 F.Supp.2d 152, 155 (D.Me.1999)). The four requirements of the InterGen N.V. test include the three requirements discussed in Combined Energies. Furthermore, the First Circuit Court of Appeals still uses the InterGen N.V. test.