United States First Circuit

In a dispute over whether a dispute over the validity of an arbitration agreement should be decided by a court or by an arbitrator, a district court ruling refusing to order the matter to arbitration is affirmed where, although the circuit court took a narrower view of the district court's initial role when deciding such a question, plaintiffs were entitled to a ruling by the district court as to whether the arbitration remedy in this case was illusory.

Appellate Information

• Decided 01/23/2009
• Published 01/23/2009

Judges

• BOUDIN, Circuit Judge., Before BOUDIN, STAHL, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Norman M. Leon with whom Michael D. Vhay, John F. Dienelt, and DLA Piper U.S. LLP were on brief for appellant.


• For Appellees:
  
• Hillary Schwab with whom Shannon Liss-Riordan, Harold Lichten, and Pyle, Rome, Lichten, Ehrenberg, & Liss-Riordan, P.C. were on brief for appellees.