United States Sixth Circuit

Denial of a motion to stay proceedings pending arbitration of contract and tort claims arising out of defendant's construction of plaintiff's house is vacated where it was reversible error for the district court to apply the cost-deterrent defense to arbitration to the state-law claims in the dispute as a matter of federal common law.

Appellate Information

• Decided 05/09/2006
• Published 05/09/2006

Judges

• Before:  SILER, BATCHELDER, and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  C. Gregory Schmidt, Santen & Hughes, Cincinnati, Ohio, for Appellant.  Robert N. Trainor, Covington, Kentucky, for Appellees. ON BRIEF:  C. Gregory Schmidt, J. Robert Linneman, Santen & Hughes, Cincinnati, Ohio, for Appellant.  Robert N. Trainor, Covington, Kentucky, for Appellees.