Thursday, February 11, 2010

Judge Torres Allows Nonsignatory To Enforce Arbitration Agreement

torresarbitration

This is a pretty sweeping opinion from Magistrate Judge Torres on the enforceability of arbitration agreements.

Here he enforces it against a construction worker who never worked for the entity who is listed on the agreement, but instead for another company also owned by the same businessman:
Again, though we view the result in this case to be, in effect, a reformation of a contract based upon a unilateral mistake (which under traditional contract principles would not allow for reformation at law), arbitration agreements are widely and broadly enforced in the Eleventh Circuit. Equitable principles may be applied to enforce such an agreement against a signatory even though a writing technically does not exist with a non-signatory. This is such a case based upon existing Eleventh Circuit precedent. We have no choice but to apply it, leaving to our Court of Appeals to decide if the result in this case requires a change in direction.
What do you all think?

10 comments:

  1. wolf in sheep's clothing

    ReplyDelete
  2. SFL, I forgot to tell you that even though you are not a signatory, you are an obligor on my really fuggin expensive mortgage with GMAC. Kindly ensure prompt payment.

    ReplyDelete
  3. So I guess the worker can collect from his boss' other company, too?

    ReplyDelete
  4. i think it's brilliant

    ReplyDelete
  5. Good, good. You know, despite what happened, I'm still convinced that you have many fine qualities. I think you can still become a gentleman someday if you understand and abide by the rules of decent society. There's a lot of...well, badness in the world today. I see it in court every day. I've sentenced boys younger than you to the gas chamber. I didn't want to do it- I felt I owed it to them. The most important decision you can make right now is what you stand for- goodness...or badness.

    ReplyDelete
  6. Now you know why we need the Arbitration Fairness Act.

    ReplyDelete
  7. Don't worry the NAF is very fair and balanced.

    ReplyDelete
  8. Sweeping? Hardly. Perhaps you haven't read what the supremes and 11th circuit have done with these issues.

    ReplyDelete
  9. The party to the agreement is a technicality for fugg's sake!

    ReplyDelete
  10. [b]USB для Asus BT-238 / Altina GBT 709[/b]

    [url=http://info.je1.ru/GPS_059.html]Подробнее...[/url]

    ReplyDelete