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BDO Seidman, LLP v. Khan

Certiorari Denied

Petition for certiorari denied on October 3, 2011.

Docket No.10-1331

Issue

(1) Whether, on a motion to compel arbitration, the Prima Paint doctrine of “separability”? should be extended to gateway challenges to arbitrability on the basis of the scope, as opposed to the validity, of an arbitration clause; and (2) whether, on a motion to compel arbitration, a court, in classifying the general scope of an arbitration clause, is restricted to the two categories of broad and narrow.

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