United States Eighth Circuit

When a motion to compel arbitration and a motion for a stay are brought separately, they should be treated individually and the resulting order compelling arbitration is final and appealable. In an action against 3M for breach of contract, tortious interference, fraudulent inducement, unjust enrichment, and breach of the duties of good faith and fair dealing, grant of 3M's motion to compel arbitration is affirmed where: 1) the order was appealable; 2) there was no error in finding that the scope of the arbitration provision covered the dispute; and 3) another claim of error was a matter of procedural arbitrability.

Appellate Information

• Decided 09/16/2008
• Published 09/16/2008

Judges

• MURPHY, Circuit Judge., Before MURPHY, BYE, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert A. Burke, argued, Philadelphia, PA, (Brian S. Gocial, Philadelphia, PA and Sarah E. Bushnell, Minneapolis, MN, on the brief), for appellant.


• For Appellees:
  
• James J. Hartnett, argued, Minneapolis, MN (Bernard E. (B.J.) Nodzon, Jr., on the brief), for appellee.