Duplicating Effort? State Court Action - Federal Court Lawsuit to Compel Arbitration
by Michael Fox
Ross Runkel reports on a tactic used in a West Virginia matter, End run around state court. Rather than moving to compel in state court, the employer sued (successfully) to compel arbitration in federal court. The 4th Circuit has now affirmed. American General Life v. Wood (4th Cir. 11/14/05) [pdf].
Ross has some comments about the move, including the clearly rhetorical question -- What? They don't trust the state courts?