United States Eighth Circuit

District court order compelling arbitration between nonsignatory and signatory parties to an agreement with an arbitration clause is reversed where: 1) federal substantive law of arbitrability applies; 2) plaintiff-nonsignatory cannot enforce the arbitration clause against defendant-signatory as plaintiff cannot establish a sufficiently close relationship to defendant, the claims do not relate to the agreement, and defendant's cross-claim did not rise to the level of substantially interdependent and concerted misconduct.

Appellate Information

• Decided 07/20/2009
• Published 07/20/2009

Judges

• BENTON, Circuit Judge., Before SMITH, GRUENDER, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael Goss, Joseph F. Yeckel, St. Louis, MO, for appellant.


• For Appellees:
  
• Reed Waller Sugg, Bryan Patrick Cavanaugh, St. Louis, MO, Roger James Magnuson, Minneapolis, MN, Richard M. Dye, Robert A. Miller, Jackson, MS, for appellee.