United States Seventh Circuit

In a contract case involving two separate agreements involving the applicability of an arbitration clause in the latter of the two agreements, dismissal of the case is affirmed where: 1) res judicata bars consideration of the arbitrability issue as a state court already reached that issue and resolved it with sufficient finality; and 2) a finding of improper venue was proper as only the district court in the particular forum of the forum selection clause can issue an order compelling arbitration.

Appellate Information

• Argued 02/17/2009
• Decided 08/20/2009
• Published 08/20/2009

Judges

• WOOD, Circuit Judge., Before POSNER, KANNE, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Nelson D. Alexander, Attorney, Albert J. Dahm (argued), Darren A. Craig, Attorney, Frost Brown Todd, Indianapolis, IN, for Plaintiff-Appellant.


• For Appellees:
  
• Michael P. Roche (argued), Attorney, Winston & Strawn LLP, Chicago, IL, for Defendant-Appellee.