Gilmore v. Carey 

Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
No. 1-10-3840
Decision Date: 
Wednesday, June 29, 2011
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Affirmed.
Justice: 
MURPHY
Plaintiff sued for unpaid wages and for damages from breach of employment agreement. Court properly denied Defendants' motion to stay proceedings and to compel arbitrations. Although parties are subject to CBOT rules, Plaintiff's claims fall outside mandatory arbitration provision of CBOT Rule 600, as claims are based on breach of employment contract and not related to or arising out of Exchange transaction. The dispute-resolution section of Defendant's Operating Agreement supports conclusion that Plaintiff's claims can be resolved in state or federal court, and neither Operating Agreement nor Service Agreement specifically require arbitration for non-Exchange-related activities. (QUINN and STEELE, concurring.)