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- Title
Exclusive Separability? Arbitrability and the Contract Formation Defense.
- Authors
Brady, Michael H.
- Abstract
The article discusses separability jurisprudence and the key precedential holdings from a lofty height. It also notes the Ninth Circuit's evaluation on the consistency of MailCoups Inc. with the U.S. Supreme Court precedent and highlighting the ripple effect on subsequent sister circuit and lower court decisions. Moreover, it explores various cases that constitute a separate challenge to arbitration and mentions the evidentiary authenticity of the challenges.
- Subjects
UNITED States; ACTIONS &; defenses (Law); MAILCOUPS Inc.; CIRCUIT courts; JURISPRUDENCE; UNITED States. Supreme Court
- Publication
Review of Litigation, 2009, Vol 28, Issue 4, p913
- ISSN
0734-4015
- Publication type
Article