Volkswagen of Am., Inc. v. Sud's of Peoria, Inc., 05-3276
Denial in part of a motion to stay district court proceedings pending arbitration in a breach of contract suit involving an auto dealership is affirmed where: 1) the grant of a stay for arbitration is discretionary in cases containing both arbitrable and non-arbitrable issues; 2) the district court did not abuse its discretion in denying the stay; and 3) the outcome of certain non-arbitrable issues could determine the result of the suit regardless of the outcome of arbitration.
- Argued 05/08/2006
- Decided 01/29/2007
- Published 01/29/2007
RIPPLE, Circuit Judge., Before BAUER, RIPPLE and ROVNER, Circuit Judges.
United States Seventh Circuit
James R. Vogler, Steven J. Yatvin (argued), Barack, Ferrazzano, Kirschbaum, Perlman & Nagelberg, Chicago, IL, for Plaintiff-Appellee., Philip M. O'Donnell, Kingery, Durree, Wakeman & Ryan, Peoria, IL, Richard M. Karr (argued), Gordon & Karr, Chicago, IL, for Defendants-Appellants.