United States Eighth Circuit

In an action brought against XM Radio claiming violations of the Arkansas Deceptive Trade Practices Act, denial of XM Radio's motion to dismiss or stay the proceedings pending arbitration is affirmed where a limited exception in the parties' contract applies so as to require the district court to resolve the threshold question of whether an arbitration clause itself was enforceable.

Appellate Information

• Decided 04/18/2007
• Published 04/18/2007

Judges

• ARNOLD, Circuit Judge., Before RILEY, BOWMAN, and ARNOLD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John C. Keeney, Jr., argued, Washington, D.C. (Stephen G. Vaskov, John G. Lile, Claire Shows Hancock and Justin T. Allen, on the brief), for appellant.


• For Appellees:
  
• J. Allen Carney, argued, Little Rock, AR (Marcus N. Bozeman and Tiffany Wyatt Oldham, on the brief), for appellee.