|
|
General Atomic Co. v. Felter, 436 U.S. 493 (1978)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
General Atomic Co. v. Felter, 436 U.S. 493 (1978)
General Atomic Co. v. Felter No. 77-1237 Decided May 30, 1978 436 U.S. 493
ON MOTION FOR LEAVE TO FILE PETITION FOR
WRIT OF MANDAMUS
Syllabus
In General Atomic Co. v. Felter, 434 U.S. 12, it was held that a New Mexico state court, under the Supremacy Clause of the Constitution, lacked power to enjoin petitioner from filing and prosecuting in personam actions in federal court relating to the subject matter of the state suit or to interfere with petitioner’s efforts to obtain arbitration in federal forums on the ground that petitioner is not entitled to arbitration or for any reason whatsoever. Nevertheless, the New Mexico court, on remand, issued orders staying federal arbitration proceedings demanded by petitioner on the ground, inter alia, that petitioner had waived any right to arbitration because its demand therefor was untimely.
Held: Under this Court’s prior judgment, petitioner has an absolute right to present its claims to federal forums, and therefore its motion for leave to file a petition for writ of mandamus directing the New Mexico court to vacate its orders staying federal arbitration proceedings is granted because of that court’s refusal or failure to comply with this Court’s mandate.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," General Atomic Co. v. Felter, 436 U.S. 493 (1978) in 436 U.S. 493 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=2HTR2A9QJKL28BN.
MLA:
U.S. Supreme Court. "Syllabus." General Atomic Co. v. Felter, 436 U.S. 493 (1978), in 436 U.S. 493, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=2HTR2A9QJKL28BN.
Harvard:
U.S. Supreme Court, 'Syllabus' in General Atomic Co. v. Felter, 436 U.S. 493 (1978). cited in 1978, 436 U.S. 493. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=2HTR2A9QJKL28BN.
|