LOFTON
v.
WYOMING

U.S. | 1972-05-22
No. 71-6070
Mr. Justice Douglas is of the opinion that certiorari should be granted.
406 U.S. 949 Supreme Court of the United States (1972) Positive Treatment
Cited by 40 cases

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Cited By (38 total)

  • …solution by arbitration, as these same courts have agreed that an undertaking to arbitrate antitrust claims entered into after the dispute arises is acceptable. See, e. g., Coenen v. R. W. Pressprich & Co., 453 F. 2d 1209, 1215 (CA2), cert. denied, 406 U. S. 949 (1972); Cobb v. Lewis, 488 F. 2d 41, 48 (CA5 1974). See also, in the present cases, 723 F. 2d, at 168, n. 12 (leaving question open). And the vertical restraints which most frequently give birth to antitrust claims covered by an arbitration agre…
  • Shearson/American Express Inc. v. McMAHON, 482 U.S. 220 (U.S. 1987)
    …nerally allowed enforcement of arbitration agreements in such circumstances despite the language of § 14, provided that the investor has made an informed waiver. See, e. g., Coenen v. R. W. Pressprich & Co., 453 F. 2d 1209, 1213 (CA2), cert. denied, 406 U. S. 949 (1972); Moran v. Paine, Webber, Jackson & Curtis, 389 [*254] F. 2d 242, 245-246 (CA3 1968); see also Duke Note 558, and nn. 59, 60. This distinction makes sense when one considers that the Court’s reading of § 14 to bar an investor’s “waiver” of the…
  • …y by statute. See Horton & Horton, Inc. v. T/S J. E. Dyer, 428 F. 2d 1131 (CA5 1970), cert. denied, 400 U. S. 993 (1971); Watz v. Zapata Off-Shore Co., 431 F. 2d 100 (CA5 1970); In re Seaboard Shipping Corp., 449 F. 2d 132 (CA2 1971), cert. denied, 406 U. S. 949 (1972). The Court of Appeals found this principle applicable here since Sessions, in addition to suing the Vessel, could have proceeded directly against Cooper as the latter was not his employer [*110] and, therefore, not shielded by the limited lia…

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