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Elf Atochem North American, Inc. v. Jaffari
Citation:727 A.2d 286 (1999)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The members of Malek LLC agreed in writing that any action against a member brought by a member must be submitted to arbitration in San Francisco. Elf initiated direct and derivative suits in Delaware against fellow member Jafari, alleging he had misappropriated funds and business opportunities of the LLC. Jafari moved to dismiss the suit on the ground that their agreement required disputes by a member to be submitted to an arbitrator in California. Elf replied that the agreement only referred to suits by a member. He further argued that since the derivative suit was on behalf of the LLC, the suit was outside the choice of forum and agreement to arbitrate.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Policy: Identifies the Policy if any that has been established by the case.
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