The Second Circuit held that a plaintiff that is suing under a contract that does not contain an arbitration clause may nonetheless be obligated to arbitrate his claims, if the benefits to plaintiff from the contract that he signed arise from a second contract containing an arbitration clause. Robinson Brog Leinwand Greene Genovese & Gluck P.C. v. John M. O’Quinn & Assocs., L.L.P., No. 12-2915 (2d Cir. Apr. 22, 2013) (unpublished table decision). A non-signatory plaintiff seeking the benefits of a contract that contains an arbitration provision is estopped from denying his obligation to arbitrate. Because the contract under which the plaintiff was suing derived its benefits from a second contract that contained the arbitration provision, the arbitration provision in the second contract was binding on the plaintiff, even though the plaintiff had not signed the second contract.
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Non-signatory plaintiff required to arbitrate
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