CAFC denies invocation of arbitration provision in Evans v. Building Materials/GAF-ELK

The CAFC adopted the "wholly groundless" standard advanced by the appellant, but the appellant-defendant lost anyway.

The contract in question pertained to product promotion.

There was also an issue of a one-way confidentiality provision.

Of interest, plaintiffs had invoked, in part, a New Jersey statute. [56:8-2]






link: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/16-2427.Opinion.6-1-2017.1.PDF