Case Citator › MS Dealer Service Corp. v. Franklin

MS Dealer Service Corp. v. Franklin

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Eleventh Circuit
Citation
177 F.3d 942
Decided
Confirmed treatments
1
Flagged citations read
54 of 54
Citing cases (total)
54
Treatment dates
2009
Abrogated
A reviewed court treats this case as abrogated by later authority. MS Dealer Service Corp. v. Franklin is abrogated as to its reliance on federal law to decide whether a nonsignatory can enforce an arbitration agreement. All 54 flagged citations have been read.
More on how this was screened

The Supreme Court held in Arthur Andersen LLP v. Carlisle that state contract law governs that question; the Eleventh Circuit later identified MS Dealer among its decisions displaced on this point. The confirmed treatment is listed below. MS Dealer's separate ruling on diversity jurisdiction was not affected by this change. Source note: The Eleventh Circuit explained the effect of Arthur Andersen in Lawson v. Life of the South Insurance Co., 648 F.3d 1166 (2011), which appears in three citing opinion records (222845, 223250, and 3048590). The treatment entry quotes the Supreme Court's opinion itself. The Illinois opinion's printed filing date is 2016-12-09; its later digital signature appears to account for the 2017-02-09 source date.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

54 later cases cite MS Dealer Service Corp. v. Franklin; 54 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on MS Dealer Service Corp. v. Franklin?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court held that state contract law determines whether a nonsignatory can enforce an arbitration agreement, displacing MS Dealer's use of federal arbitration law for that question.

    Arthur Andersen LLP v. Carlisle · Supreme Court of the United States · filed

    We hold that the Sixth Circuit had jurisdiction to review the denial of petitioners’ request for a §3 stay and that a litigant who was not a party to the relevant arbitration agreement may invoke §3 if the relevant state contract law allows him to enforce the agreement.
    Read the full opinion on CourtListener →

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