United States DC Circuit

In a suit against an employer to recover for injuries sustained as a result of defendant's alleged mishandling of ransom demands by plaintiff's kidnappers, grant of motion to compel arbitration is reversed where defendant waived its right to seek arbitration since: 1) filing a motion for summary judgment based on matters outside of the pleadings is inconsistent with preserving the right to compel arbitration; and 2) if the motion is accompanied by a motion to compel arbitration in the alternative, the movant takes the risk that the district court will choose to rule on the motion for summary judgment, thereby preventing the movant from subsequently seeking arbitration. Dismissal of a claim for intentional infliction of emotional distress is reversed where the plaintiffs' allegations were sufficient to meet the criteria for the claim.

Appellate Information

• Argued 01/17/2008
• Decided 04/11/2008
• Published 04/11/2008

Judges

• Before:  GINSBURG, ROGERS and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Cyril V. Smith argued the cause for appellants.   With him on the briefs was Elaine Charlson Bredehoft.


• For Appellees:
  
• Matthew D. McGill argued the cause for appellees.   With him on the brief was Eugene Scalia.