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.
Read Donaldson Company, Inc. v. Burroughs Diesel, Inc., No. 08-2705
Appellate InformationAppeal from the United States District Court for the Eastern District of Missouri.Submitted: March 13, 2009Filed: July 20, 2009
JudgesBefore SMITH, GRUENDER, and BENTON, Circuit Judges.Opinion by BENTON, Circuit Judge.
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