United States Seventh Circuit

In a suit alleging that items plaintiff purchased at defendant's auction did not match the descriptions in the auction item catalog, a district court order enforcing an arbitration award in favor of defendant is affirmed over plaintiff's arguments that: 1) the district court improperly treated defendant's motion to dismiss on the basis of a binding arbitration clause as a motion to stay; 2) the district judge erred in finding that defendant had not waived its right to arbitrate; and 3) the arbitrator manifestly disregarded the law by declining to formally rule on a discovery dispute and by failing to issue an award containing findings of fact and conclusions of law. The imposition of Rule 11 sanctions on plaintiff's former attorney is affirmed where the court lacks jurisdiction over the appeal since the attorney failed to file a notice of appeal on his own behalf.

Appellate Information

• Argued 11/30/2007
• Decided 02/14/2008
• Published 02/14/2008

Judges

• BAUER, Circuit Judge., Before BAUER, RIPPLE, and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Cameel A. Halim (argued), Wilmette, IL, pro se.


• For Appellees:
  
• James K. Borcia, David O. Yuen, Tressler, Soderstrom, Maloney & Priess, Chicago, IL, for Defendant-Appellee.