Opinion

AmSouth Bank v. Dees

  • 847 So. 2d 923
  • 2002 WL 31226210
Court
Supreme Court of Alabama
Filed
Oct 4, 2002
Status
Published
Author
Johnstone
On the bench
Harwood, Johnstone
Cited by
16 cases
Authority
More cited than 15.1%

construing an arbitration clause applying only to claims “arising out of, in connection with, or relating to” the agreement it formed a part of

How later courts described this case

  • construing an arbitration clause applying only to claims “arising out of, in connection with, or relating to” the agreement it formed a part of

Written by the judges who cited it.

The opinion

I respectfully dissent. The FAA applies only if the particular contract which contains the arbitration agreement substantially affects interstate commerce. 9 U.S.C. § 1 and § 2; Alafabco, Inc. v. Citizens Bank , [Ms. 1010703, August 30, 2002] ___ So.2d ___ (Ala. 2002); Sisters of the Visitation v. Cochran Plastering Co. , 775 So.2d 759 (Ala. 2000); and Rogers Found. Repair, Inc. v. Powell , 748 So.2d 869 (Ala. 1999). The particular contract in this case is the equity line of credit agreement. For *Page 942

a substantial effect on interstate commerce, however, the main opinion relies entirely on other distinct contracts and transactions collateral to or even unrelated to the equity line of credit agreement. Therefore, the FAA does not govern this case and does not preempt the Alabama law foreclosing the specific enforcement of arbitration agreements, § 8-1-41 (3), Ala. Code 1975.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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