Masco Corp. v. Zurich American Ins. Co.

184 Citing cases

  1. Csa-Credit Solutions of America, Inc. v. Schafer

    408 F. Supp. 2d 503 (W.D. Mich. 2006)   Cited 5 times

    "`[A]s a matter of federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration.'" Masco Corp. v. Zurich Am. Ins. Co., 382 F.3d 624, 627 (6th Cir. 2004). Federal law creates "a general presumption of arbitrability, and any doubts are to be resolved in favor of arbitration `unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute.'"

  2. Martin v. Cavalry SPV I, LLC

    Civil No. 13-88-GFVT (E.D. Ky. Mar. 31, 2014)   Cited 10 times
    Holding that assignee of credit card account can enforce arbitration provision

    Cavalry bases its argument on the Federal Arbitration Act ("FAA"), 9 U.S.C. §1 et seq., which "manifests a liberal federal policy favoring arbitration agreements." Masco Corp. v. Zurich American Ins. Co., 382 F.3d 624, 626 (6th Cir. 2004) (quoting Moses H. Cone Mem'l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24 (1983)) (internal quotation marks omitted). Section 2 of the FAA states that arbitration clauses in commercial contracts "shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract."

  3. Powell v. Sparrow Hospital

    File No. 1:10-CV-206 (W.D. Mich. Jul. 23, 2010)   Cited 1 times

    "[T]here is a general presumption of arbitrability, and any doubts are to be resolved in favor of arbitration `unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute.'" Masco Corp. v. Zurich Am. Ins. Co., 382 F.3d 624, 627 (6th Cir. 2004) (quoting Highlands Wellmont Health Network, Inc. v. John Deere Health Plan, Inc., 350 F.3d 568, 576-77 (6th Cir. 2003)). "If parties contract to resolve their disputes in arbitration rather than in the courts, a party may not renege on that contract absent the most extreme circumstances."

  4. RMF Nooter, Inc. v. Gleeson Constructors, LLC

    File No. 1:06-CV-298 (W.D. Mich. Nov. 13, 2006)   Cited 3 times

    "[T]here is a general presumption of arbitrability, and any doubts are to be resolved in favor of arbitration 'unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute.'" Masco Corp. v. Zurich American Ins. Co., 382 F.3d 624, 627 (6th Cir. 2004) (quoting Highlands Wellmont Health Network, Inc. v. John Deere Health Plan, Inc., 350 F.3d 568, 576-77 (6th Cir. 2003)). "If parties contract to resolve their disputes in arbitration rather than in the courts, a party may not renege on that contract absent the most extreme circumstances."

  5. Hall v. Evangelical Lutheran Good Sumaritan Soc'y, Inc.

    CIVIL ACTION NO. 3:17CV-00193-JHM (W.D. Ky. Aug. 28, 2017)

    The FAA "'manifests a liberal federal policy favoring arbitration agreements.'" Yaroma v. Cashcall, Inc., 130 F. Supp. 3d 1055, 1061 (E.D. Ky. 2015)(quoting Masco Corp. v. Zurich American Ins. Co., 382 F.3d 624, 626 (6th Cir. 2004)). "Section 2 of the FAA states that arbitration clauses in commercial contracts 'shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.'"

  6. McGrew v. VCG Holding Corp.

    244 F. Supp. 3d 580 (W.D. Ky. 2017)   Cited 10 times
    Holding that "arbitration agreements [with collective-action waivers] may be enforced without running afoul of the FLSA"

    Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Masco Corp. v. Zurich Am. Ins. Co. , 382 F.3d 624, 627 (6th Cir. 2004) (quoting Javitch v. First Union Sec., Inc. , 315 F.3d 619, 624 (6th Cir. 2003) ). Such review requires the Court to determine (1) whether "a valid agreement to arbitrate exists between the parties," and (2) whether "the specific dispute falls within the substantive scope of the agreement."

  7. Holland v. LVNV Funding, LLC

    CASE NO. 5:16-CV-00069 (W.D. Ky. Oct. 21, 2016)   Cited 6 times
    Finding that the plaintiff was bound by an arbitration provision where the cardholder agreement provided that by using his credit card, the plaintiff accepted the agreement's terms

    Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Masco Corp. v. Zurich Am. Ins. Co., 382 F.3d 624, 627 (6th Cir. 2004) (quoting Javitch v. First Union Sec., Inc., 315 F.3d 619, 624 (6th Cir. 2003)). Such review requires the Court to determine (1) whether "a valid agreement to arbitrate exists between the parties," and (2) whether "the specific dispute falls within the substantive scope of the agreement."

  8. GGNSC Louisville Hillcreek, LLC v. Dockery

    Civil Action No. 3:15-cv-908-DJH (W.D. Ky. Sep. 27, 2016)   Cited 5 times

    The Sixth Circuit instructs district courts to "engage in a limited review to determine whether the dispute is arbitrable." Masco Corp. v. Zurich Am. Ins. Co., 382 F.3d 624, 627 (6th Cir. 2004) (quoting Javitch v. First Union Sec., Inc., 315 F.3d 619, 624 (6th Cir. 2003)). This limited review consists of determining whether "a valid agreement to arbitrate exists between the parties" and whether "the specific dispute falls within the substantive scope of that agreement."

  9. Huffman v. Hilltop Cos.

    747 F.3d 391 (6th Cir. 2014)   Cited 97 times   5 Legal Analyses
    Holding that "the parties’ omission of the arbitration clause in the survival clause did not clearly imply that the arbitration clause had no post-expiration effect" after "considering the contract as a whole—the survival clause and its relationship to the other clauses in the agreement"

    Under this circuit's precedent, the arbitration clause in this case is fairly described as being broadly-worded because its language indicating that “[a]ny Claim arising out of or relating to this Agreement, or the breach thereof” will be submitted to arbitration is not only far-reaching but also very similar to other arbitration clauses that this court has described as “broad.” See, e.g., Masco Corp. v. Zurich Am. Ins. Co., 382 F.3d 624, 625 (6th Cir.2004) (describing as “broad” a provision providing that “[a]ny dispute arising out of the interpretation, performance or alleged breach of this agreement, shall be submitted to arbitration”). The fact that the plaintiffs face a difficult task in rebutting the strong presumption in favor of arbitration “by clear implication” and with “positive assurance” is further confirmed by controlling precedent.

  10. Watson Wyatt & Co. v. SBC Holdings, Inc.

    513 F.3d 646 (6th Cir. 2008)   Cited 60 times
    Finding that the arbitration agreement was "broadly worded in that it applie[d] to ‘any dispute or claim arising from or in connection with this agreement or the services provided by [the plaintiff]."

    Highlands Wellmont Health Network, Inc. v. John Deere Health Plan, Inc., 350 F.3d 568, 577 (6th Cir. 2003) (quoting AT T Tech., Inc. v. Communications Workers of Am., 475 U.S. 643, 650, 106 S.Ct. 1415, 89 L.Ed.2d 648 (1986)). See also Masco v. Zurich Am. Ins. Co., 382 F.3d 624, 627 (6th Cir. 2004). This court has also stated that broadly written arbitration clauses must be taken at their word and extend to situations that fall within their purview.