United States Third Circuit

District court order granting defendant summary judgment and dismissing plaintiff's motion to compel arbitration is reversed and remanded where: 1) the kind of extraordinary circumstances warranting abstention by a federal court under the Colorado River doctrine are not present; and 2) the previous state court ruling does not collaterally estopp plaintiff from seeking to enforce the arbitration provision of its agreement with defendant, as plaintiff was a nonparty and did not otherwise have its interests represented before the state court, and the record does not show that the other party in the state action intended to or did adequately represent plaintiff's interests such that the two can be said to be in privity.

Appellate Information

• Argued 05/21/2009
• Decided 07/06/2009
• Published 07/06/2009

Judges

• Before:  FUENTES, JORDAN and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Peter B. Skeel, Esq., Summers, McDonnell, Hudock, Guthrie & Skeel, LLP, Pittsburgh, PA, Rolf E. Gilbertson, Esq., [Argued], Eric E. Caugh, Esq., Christopher R. Paar, Esq., Kathryn M. Hoffman, Esq., Zelle Hofmann Voelbel & Mason LLP, Minneapolis, MN, Counsel for Appellant.


• For Appellees:
  
• Frederick J. Francis, Esq., [Argued], Joseph E. Linehan, Esq., Richard T. Victoria, Esq., Meyer, Unkovic & Scott LLP, Pittsburgh, PA, Counsel for Appellee.