United States Seventh Circuit

In a dispute over payment for a shipment of chemicals, the district court's sua sponte dismissal is reversed where it was improper for the district court to dismiss the lawsuit sua sponte on the grounds of improper venue based on an arbitration agreement between the parties when neither party explicitly or effectively indicated that it would not waive arbitration.

Appellate Information

• Argued 12/05/2007
• Decided 01/09/2008
• Published 01/09/2008

Judges

• FLAUM, Circuit Judge., Before FLAUM, EVANS, WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Marion B. Adler, Rachlis, Durham, Duff & Adler, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Eugene S. Kraus, Scott & Kraus, Chicago, IL, for Defendant-Appellee.