6th Cir: Stutler v. T.K. Constr Inc. (ED Ky.; 5/9/2006)

Stutler v. T.K. Constr Inc.
Arbitration – Mandatory and state claims

Eastern District of Kentucky at Covington

ALICE M. BATCHELDER, Circuit Judge. Appellant T. K. Constructors Inc. ("T. K."), moved in the district court for an order to stay these proceedings pending arbitration. The district court denied the motion, relying on Morrison v. Circuit City Stores, Inc., 317 F.3d 646 (6th Cir. 2003) and Cooper v. MRM Investment Co ., 367 F.3d 493 (6th Cir. 2004). Because we conclude that the holdings in those cases do not extend to contracts requiring the mandatory arbitration of disputes regarding state law claims only, we VACATE the district court’s order and REMAND the matter for disposition consistent with this opinion.

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