Attached
is an opinion handed down this morning by the 8th Circuit
Court of Appeals relating to arbitration.  The procedural history is as
follows:  The
Wilkes
firm sued the nursing home companies and the administrator in state
court in
two separate cases.   We filed a parallel federal action in both
cases (on behalf of the nursing home companies; not the non-diverse
administrator) to compel arbitration premised upon diversity and the
FAA. 
The federal trial court ultimately ruled in our favor.  Subsequent to
that
ruling, the United States Supreme Court came down with the Vaden
opinion.  Relying on Vaden , the federal trial court granted
Wilkes’ Motion to Vacate in the two cases.    

We
appealed
both cases to the 8th Circuit.  The attached opinion was
issued
this morning.  Both cases were reversed and remanded with directions to
re-enter the prior orders compelling arbitration. 

My
partner, Stephanie
Randall, and I worked with Reed Bates, Rik Tozzi and Stephen Still of
Starnes
and Atchison on both cases.  Please let us know if you have any
questions.

 Document Shared by: Attorney Kirk Dougherty, Hardin Jesson & Terry, AR

 

Author: US Appeals Ct. 8th Ct. from

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